V.Jagan & Anr. v. The Commissioner-Cum-Chair Person, Vikarabad Municipality, Vikarabad, RR.District & Anr.
Case at a glance
- Decided
- 16 Dec 2005
- Bench
- V V S RAO
Outcome
Disposed of
In view of the above, the writ petition is disposed of giving liberty to the Municipality
Provisions considered
Judgment
The two petitioners claim to be the owners of premises bearing Nos.4-5-102 and 4- 5-103 situated on the main road of Vikarabad Town. They allege that on 13.12.2005, the subordinate officials of the respondents asked the petitioners to surrender the documents and vacate the premises in connection with road widening programme. Apprehending coercive action by the respondents, present writ petition is filed. After obtaining necessary instructions from his clients, the learned Standing Counsel for Municipalities submits that the petitioners made constructions by encroaching upon the road portion to an extent of 3’ and they were also requested to come for negotiations in road widening programme. He, however, does not dispute that unless and until, the Municipality takes necessary action in accordance with law, the petitioners cannot be deprived of their right to enjoy their property.
Operative part
In view of the above, the writ petition is disposed of giving liberty to the Municipality to negotiate with the petitioners herein, and if they are not willing to part with the land, take necessary action in accordance with law either under Section 172 or under Section 174 of the Andhra Pradesh Municipalities Act, 1965. There shall be status quo till then. The Writ Petition, with the above observations, is disposed of. No costs. ____________
(V.V.S.RAO, J)
16.12.2005 Note: Issue C.C by 19.12.2005. B/o
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the writ petition is disposed of giving liberty to the Municipality
Which statutory provisions did this judgment involve?
Andhra Pradesh Municipalities Act, 1965 — s. 174.
Which court decided this case, and when?
Andhra Pradesh High Court, on 16 Dec 2005. The bench was V V S RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.