HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER

This Writ Petition is filed to issue a writ of Mandamus declaring the action of respondent No.1 in demolishing the petitioner’s Shop bearing House No.2-2-14, situated on Huzurabad Road, Jammikunta Town and Mandal, as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further, to declare the notice dated 13.11.2014 issued by respondent No.1 as illegal and arbitrary and consequently, to set aside the said notice.

2. Heard Sri Nagarjuna, learned counsel, representing Sri Rajagopalavan Tayi, learned counsel-on-record for petitioner, Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.1 and Sri Rama Chander Rao Vemuganti, learned counsel for respondent Nos.2 and 3.

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the subject property; that initially, he constructed a shop by duly obtaining permission from the then Gram Panchayat, Jammikunta, vide Permit No.41/908, dated

30.04.1990; that subsequently, he demolished the said shop and obtained permission for construction of G + two upper floors from the then Gram Panchayat and the same was sanctioned vide Permit No.A2/662/2011/G.P.Jammikunta, dated 31.08.2011and completed the construction as per the sanctioned plan. Learned counsel further submitted that while the matter stood thus, the then Gram Panchayat has taken up road widening from 80 feet to 90 feet width, in which his house to an extent of five feet was affected and the same was demolished in the year 2012; and that, later, the petitioner carried out repairs and completed the same in the year

2013.

3.1. Learned counsel further submitted that respondent Nos.2 and 3 insisted the petitioner to sell away the property to them, but the petitioner did not heed to their request, as such, respondent Nos.2 and 3 have influenced the officials of respondent No.1 to remove the staircase of the subject property on 17.01.2014. He further submitted that notice was issued to the petitioner stating that he has made construction without permission, however, the said notice is very vague and even the house number is also not mentioned therein, and against the said highhanded act of the respondent authorities, the petitioner filed the present Writ Petition.

3.2. Learned counsel further submitted that this Court vide order dated 25.11.2014 passed interim order directing respondent No.1 not to demolish the petitioner’s building bearing No.2-2-14, situated on Huzurabad Road, Jammikunta Town and Mandal, and the said order is subsisting; and finally, he prayed to allow this Writ Petition.

4. Learned Standing Counsel for respondent No.1 submitted that respondent No.1 follow due process of law if the subject property is raised without any permission and prayed to pass appropriate orders.

5. Perusal of notice dated 13.11.2014 shows that no details are mentioned as to the deviations, etc., in respect of the subject property and even the house number of the property was not mentioned therein. Therefore, in the considered opinion of this Court, the impugned notice dated 13.11.2014 is unsustainable and the same is liable to be set aside.

6. Accordingly, this Writ Petition is allowed and the impugned notice dated 13.11.2014 is set aside. However, respondent No.1 is at liberty to take steps, if the subject property is raised without any permission or if there are deviations, in accordance with the procedure contemplated under the Municipalities Act, 1965 and the Rules made thereunder, by duly issuing notice to the petitioner and also affording him an opportunity of hearing.

7. Miscellaneous petitions pending, if any, shall stand closed.

No costs.

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LAXMI NARAYANA ALISHETTY, J Date:18.11.2025 dr