Syed Chand Basha v. TheDistrict Collector, SPSR Nellore District

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 herein in not removing the illegal constructions of pial and flooring around the Neem tree and installation of Mahalakshmi Amma idol on the pial by putting up steel grills and Zink Sheet roofing at the southern side entrance of the shop room of the petitioner i.e. Al shop room in Dayakar Reddy Buildings, situated near RTC Bus Stand, Trunk Road, Nellore, by taking into consideration the representation made by the petitioner dated 15-04-2023 as illegal, arbitrary and opposed to the established principles of law and consequently direct the respondents herein to remove the illegal constructions above mentioned. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to consider the representation of the Petitioner dated 15-04-2023 by removing the illegal construction of pial and flooring around the Neem tree and installation of Mahalakshmi Amma idol on the pial by. putting up steel grills and Zink Sheet roofing at the southern side entrance of the shop room of the petitioner i.e. Al shop room in Dayakar Reddy Buildings, situated J near RTC Bus Stand, Trunk Road, Nellore pending disposal of the present writ petition Counsel for the Petitioner: M/s. K PALLAVI Counsel for the Respondent No. 2 & 3: KALAVA SURESH KUMAR REDDY Counsel for the Respondent No 1: GP FOR MUNICIPAL ADMN URBAN DEV Counsel for the Respondent No 4&5: GP FOR REVENUE The Court made the following: ORDER THE HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO. 11469 OF 2023 JUDGMENT:- 1) Heard Smt. K. Pallavi, learned Counsel for the Petitioner, learned Government Pleader for Municipal Administration and Urban Development for the Respondent No.l, Sri. P. Anand Suiya, Advocate, representing Sri. Kalava Suresh Kumar Reddy, learned Standing Counsel for the Respondent Nos. 2 and 3 and learned Government Pleader for Revenue - Respondent Nos. 4 and 5. 2) With the consent of the parties Counsels, the Writ Petition is being disposed of finally at this stage. 3) The Petitioner has filed this Writ Petition, under Article 226 of the Constitution of India, for the following relief:- « .pleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 5 herein in not removing the illegal constructions of pial and flooring around the Neem tree and installation of Mahalakshmi Amma idol on the pial by putting up steel grills and Zink Sheet roofing at the southern side entrance of the shop room of the petitioner i.e.. 2 Al shop room in Dayakar Reddy Buildings, situated near RTC Bus Stand, Trunk Road, Nellore, by taking into consideration the representation made by the petitioner dated 15.04.2023 as illegal, arbitrary and opposed to the established principles of law and consequently direct the respondents herein to remove the illegal constructions above mentioned and pass................... ” 4) Learned Counsel for the Petitioner submits that, the Petitioner is the absolute owner and possessor of A-1 shop room in Dayakar Reddy Buildings, situated near RTC Bus Stand, Trunk Road, Nellore, having purchased the same under registered Sale Deed vide Document No. 296 of 1998 from one Thikkavarapu Aagami Reddy. At that time, there was one tenant and for his vacation, the Petitioner filed RCC No. 30 of 2015, in which the Lok-Adalat, Nellore, passed an Award No. 257 of 2023, dated 11.02.2023, and in pursuance thereof, the subject property was delivered to the Petitioner on 28.02.2023. 5) He further submits that, towards the western side of the Petitioner’s shop, there is main entrance. After delivery of the shop, as aforesaid, the Petitioner opened another entrance to his shop towards southern side. On the newly 3 opened southern side entrance, there is in existence a Neem tree since long. 6) The grievance raised in the Writ Petition is that, the persons in the locality constructed pial and flooring around the Neem tree and installed a Mahalakshmi Amma Idol on the pial and put up steel grills and also zink sheet roofing and started performing pujas. For removal of the said construction pleading, inter alia, causing obstructions to the Petitioner’s ingress and egress, the petition has been filed. 7) From the own pleadings of the Petitioner, as also the submission advanced by the learned Counsel for the Petitioner, prima facie, it is evident that the main entrance of the Petitioner’s shop is towards western side of the shop. The Petitioner after getting the shop vacated from the tenant on 28.02.2023, recently opened a new entrance towards the southern side, towards which, as per the photographs annexed, there is existence of a Neem tree and a temple and where the persons are performing pujas. The Petitioner is having the main entrance towards western side. It is not the Petitioner’s case that there is any 4 obstruction to the Petitioner’s ingress and egress to his shop from the main entrance. The opening of another entrance towards the southern side towards the Neem tree, is admittedly a new one, opened recently. The existence of the Neem tree is also admitted since long. The alleged construction of pial around the Neem tree and temple etc., exists since when i.e., since long or its new one, as alleged is a question of fact. Whether the Petitioner has any right of ingress or egress from the southern side is also a question which requires leading of evidence for its determination. 8) 9) The writ petition is not the appropriate remedy. The Petitioner has already submitted a representation to the Respondent No. 2, who shall consider the same and pass appropriate orders with due opportunity of hearing to all the person concerned. 10) It shall be open to the Petitioner to seek such remedy as may be available in law, if so advised. 11) The petition is disposed of. No order as to costs. >» 7 To. 5 As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. //TRUE COPY// Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR SECTI OFFICER

1. The. Principal Secretary (Municipal Administration), State of AP, Secretariat

3. Building, Velgapudi, Guntur District. Nellore Municipal Corporation, the Municipal Commissioner, Nellore City, SPSR Nellore District. The Town Planning Officer, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. TheDistrict Collector, SPSR Nellore District.

4. 5. The Tahsildar, Nellore Urban, Railway Feeders Road, Nellore City, SPSR

6. One CC to M/s. K Pallavi Advocate [OPUC] 7. One CC to Sri Kalava Suresh Kumar Reddy Advocate [OPUC] 8. Two CCs to GP for Municipal Admn Urban Dev ,High Court Of Andhra Nellore District. Pradesh. [OUT]

9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CD Copies AL Sdkr JU '' ! HIGH COURT DATED: 02/05/2023 ORDER WP.No.11469 of 2023 g 1 0 AUG 2023 mJ , Current Section . . -PA-. CHW 11- DISPOSING THE WP WITHOUT COSTS