CHEEKATI MANAVENDRANATH ROY
Gajarla Anuradha – Appellant
Versus
State of Andhra Pradesh – Respondent
The term "dictum" refers to a statement or observation made by a judge in a legal opinion that is not essential to the decision in the case and therefore not legally binding as precedent. In the context of the provided legal document, the court's discussion and reasoning regarding the violation of principles of natural justice, the importance of considering explanations submitted by the petitioner, and the procedural irregularities in issuing subsequent notices during the pendency of a related Writ Petition can be characterized as dicta if they are not central to the court's ultimate ruling.
In this case, the court's emphasis on the necessity of considering the explanation submitted by the petitioner and the assertion that the impugned order was passed without such consideration, as well as the observation that issuing a second notice during the pendency of a Writ Petition is unjustified, serve as guiding principles or observations. These are intended to clarify the procedural requirements and natural justice principles applicable in administrative actions but are not strictly necessary to the disposal of the case.
Therefore, the court's remarks on the violation of natural justice principles, the importance of providing an opportunity of hearing, and the procedural irregularities in issuing notices during a pending litigation can be regarded as dicta—statements that elucidate legal principles but are not the core holding of the judgment.
ORDER :
Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development for 1st respondent and Sri M. Manohar Reddy, learned Standing Counsel for Municipalities and Municipal Corporations, for respondents 2 and 3.
2. This Writ Petition is filed seeking mandamus declaring the order dated 22.11.2021, passed by the 2nd respondent, and the provisional order, dated 09.09.2021, passed by the 2nd respondent, are contrary to law, arbitrary and discriminatory and against the principles of natural justice and consequently, sought a direction to the respondents not to demolish the building of the petitioner bearing D.No.7-16-226, Srinagar Colony, Guntur.
3. As per the case pleaded by the petitioner, it is his case that he has purchased 87.6 sq. yards of land situate at Srinagar Colony, Guntur, under a registered sale deed, dated 01.01.2019 and constructed an R.C.C. building for residential purpose in the said land. When he approached municipal authorities for grant of building permission that he was informed by the employees of the Municipal Corporation that there is no necessity to obtain building permission for construction of a buildi
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