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2025 Supreme(Online)(AP) 11553
HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY, J
Kotada Parvathamma – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 28128 of 2024
For the Appellants/Petitioners: SRI G V S KISHORE KUMAR
For the Respondents: GP MUNCIPAL ADMN AND URBAN DEV, SRI J.DILEEP KUMAR
Governmental actions must adhere to principles of natural justice, considering pending representations before taking demolition actions.
Headnote:(A) Constitution of India - Articles 14, 21 and 300-A - Challenge to demolition by municipal authorities - Court's intervention sought under writ jurisdiction against acts deemed arbitrary and violative of natural justice principles. (Paras 1-3)
(B) Municipal Governance - Proper procedure must be followed by authorities prior to demolition when representations from the concerned parties are pending. (Paras 4-6)
Facts of the case:
Petitioner challenged the demolition of an additional-floor of her property, asserting that the action was illegal and violated natural justice, given her pending representations. The court previously issued interim orders regarding the case.
Findings of Court:
Continued the interim order to prevent demolition until the matter could be resolved.
Issues: Whether the municipality's actions were proper in light of ongoing representations challenging the demolition.
Ratio Decidendi: The court emphasized the necessity of considering pending claims and proper protocols before any governmental demolition actions.
Result: Interim order extended.
| Table of Content |
|---|
| 1. statutory requirements for property demolitions. (Para 1 , 2) |
| 2. pending representations must be considered. (Para 3 , 4) |
| 3. arguments presented regarding administrative actions. (Para 5) |
lN THE HIGH COURT 9F ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE .I PRESENT.-
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28128 OF 2024 Between :
Ko{tada parvathamma, w/o K.Taviti Naidu (Late), Aged about 74 years, R/o D.No. 2-112, IndI'ranagar, old Dairy Farm, Ward-10, Zone-ll, vI'Sakhapatnam-
530040, Andhra pradesh.
...PetitI-Oner AND
1. The State of Andhra pradesh, Rep by its principal secretary, MA and uD Department, secretariat Bulldings, Nelapadu, Amaravathi, Guntur DI'StrjCt.
2. The Greater visakhapatnam Municipal corporation, Rep. by its Commissioner, visakhapatnam DI-Strict.
3. The Assistant city planner, zone II, Greater visakhapatnam MunicllpaI Corporation, visakhapatnam District.
4. The Town planning offI'Cer, Zone II, Greater vI-Sakhapatnam MunicI-Pal CorporatI®On, Visakhapatnam District.
5. Sri TirupathI' Rao, S/o not known to this petitl|oner, aged about 50 years, AssI'Stant City Planner, o/o The Commissioner, GVMC, Visakhapatnam Dis'trI'Ct.
...Respondents petition under Article 226 of the constI'tutiOn Of lndI-a iS filed praying that in the circumstances stated in the affidavit filed therewith, the HI-gh Court may be pleased to I|SSue an order, proceedings or wrlt more particularly one in the nature of writ of Mandamus to declare the action of respondent no.2-5 in demolishing of the additional-floor of the property situated in survey no. 111/3 of Chinagadili Village in Visakhapatnam Rural mandal covered by D.No.2-112, lndiragandhinagar, Chinagadili, old dairy farm. Ward-10, Zone-II bearing RCC Structure with house tax assessment no.1086015737 and electricity service connection no.116518VO2834 8183 and patta no.VZG1001-3-87613-88453 of Greater Visakhapatnam Municipal Corporation within the limits of Visakhapatnam District, despite pending representations dt.o1.07.2024 and 30.08.2024 as illegal, arbitrary and violation of principles of Natural Justice and in violation of Article 14 , 21 and 300-A of the Constitution of India and contrary to Section 455-A of Greater Hyderabad Municipal Corporation Act and violative of 3 ACES, Hyderabad v. Municipal Corporation of Hyderabad and it is consequently prayed to consider the representations dt.o1,07.2024 and 30.08,2024 of the petitioner for regularisa{ion of the construction on the additional floor of the property situated in survey no.111/3 of Chinagadili Village I'n Visakhapatnam Rural Mandal covered by D.No.2-112, Indiragandhinagar, chinagadili, old dairy farm, ward-10, GVMC limits, Visakhapatnam.
IANO: 1 OF2024 Petition under Section 151 of CPC is filed prayin'g that in the circumstances stated in the affidavit filed in support of the petitI'On, the High Court may be pleased to direct the respondents2-5 not to interfere with the construction activity of the petitioner Survey no. 111/3 of Chinagadili Village in Visakhapatnam Rural Mandal covered by D.No.2-112, lndiragandhi nagar, Chinagadili, old dairy farm, Ward-10, GVMC limits, Visakhapatnam, Pending disposal of WP 28128 of 2024, on the file of the High Court.
]A NO: 2 OF 2024 Petition under section 151 of'CPC is filed praying that in the circumstances stated in the affidavit fl-led in support of the petitI'On, the High Court may be pleased to direct the respondents 2-5 to consider the representations dt.o1.07.2024 & 30.08.2024 of the petitioner for regularisation of the construction of the additional floor of the property situated in survey no.111/3 of Chinagadili Villag-e in Visakhapatnam Rural Mandal covered by D.No.2-112, lndiragandhinagar, Chinagadili, Old da-lry farm, Ward-10, GVMC limits, Visakhapatnam, Pending disposal of WP 28128 of 2024, on the file of the High Court.
The Petition coming on for hearing, upon Perusing th
