HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26678 of 2010 Date : 11-12-2014 Between:
Namu Yedukondalu, S/o.Subbaiah, 45 years, R/o.Kentepalli Harijanawada, V.Satram Mandal, PSRP Nellore District. … Petitioner and The District Collector, Nellore District, Nellore and others … Respondents ORDER:
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26678 of 2010 This writ petition is filed under Article 226 of the Constitution of India, assailing the action of the respondents in threatening to demolish the shop bearing D.No.1-75, situated in Kantepalli Gram Panchayat (SC Colony), V.Satram Mandal, Nellore District, without passing any orders on the explanation dated 22.10.2010 submitted by the petitioner to the notice issued by the 3rd respondent-Gram Panchayat on 22.10.2010 as being illegal and arbitrary.
Heard Sri Palle Nageswar Rao, learned counsel for the petitioner, learned Government Pleader for respondents 1 and 2 and Smt. Ch.Vedavani, learned Standing Counsel for 3rd respondent, apart from perusing the material available before this Court.
According to the petitioner, he belongs to Scheduled Caste and did put up a shop/bunk in the Government land 15 years back and has established a petty business and eking out his livelihood and obtained electricity connection and the 3rd respondent-Gram Panchayat allotted door number and paying requisite taxes also. It is pleaded that the subject shop/bunk is not causing any hindrance, either to the passers or for the general public. The sum and substance of the complaint of the petitioner in the present writ petition is that due to political reasons, the Secretary of the 3rd respondent-Gram Panchayat, at the instigation of the Sarpanch, issued an emergency notice dated 22.10.2010, directing the petitioner to remove the said shop/bunk. It is further stated in the writ affidavit that immediately after receipt of the said notice issued by the 3rd respondent-Gram Panchayat, he got issued a reply on 22.10.2010 through his counsel to the respondents.
The grievance of the petitioner is that without considering the said reply dated 22.10.2010, the 3rd respondent along with his subordinates came to the subject shop on 25.10.2010 and attempted to demolish the shop. In the said backdrop, the present writ petition came to be filed and this Court while ordering rule nisi on 27.10.2010 granted interim direction in W.P.M.P.No.34048 of 2010 as prayed for, while observing that prima facie the impugned notice is in violation of principles of natural justice as no prior notice has been issued by the 3rd respondent before calling upon the petitioner to vacate the premises in question.
No counter affidavits have been filed by the respondents, denying the averments in the writ affidavit or in the direction of justifying the impugned order.
Today, when the matter is called, the learned counsel for the petitioner has requested this Court to dispose of the writ petition by directing the respondents to consider the reply dated 22.10.2010 submitted by the petitioner to the impugned notice dated 22.10.2010 before proceeding further. This Court considers the said request as reasonable and the said request is accepted.
For the foregoing reasons, this writ petition is disposed of, directing the 3rd respondent-Gram Panchayat to consider the reply dated 22.10.2010 submitted by the petitioner through his counsel to the impugned notice dated 22.10.2010 and pass appropriate orders thereon before proceeding further, by giving opportunity of hearing to the petitioner. Till this exercise attains finality, the interim direction issued by this Court on 27.10.2010, directing the respondents not to dispossess or in any manner interfere with the possession and enjoyment of the petitioner in respect of the premises shop bearing D.No.1-75 situated in Kantepalli Gram Panchayat (SC Colony), V.Satram Mandal, Nellore District, shall continue to operate. No order as to costs.
As a sequel, miscellaneous petitions, if any pending in this writ petition, shall stand closed.
A.V.SESHA SAI, J Date: 11.12.2014
siva
HON’BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.26678 of 2010 Date : 11-12-2014 siva