BELLAMKONDA VENKATA NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ appeal, under Clause 15 of the Letters Patent, is directed against the order dtd. 24/11/2022 passed by the learned single Judge dismissing W.P.No.35916 of 2022 and imposing cost of Rs.1,00,000.00 (Rupees one lakh only) on each of the writ petitioner Nos.1 to 14 for abusing the process of the court by preferring the writ petition with unclean hands and filing false affidavit.

(2.) Writ Petitioners had challenged Notice in Encroachment No.681/2022/G1, dtd. 21/5/2022, issued by the 2nd respondent-Municipal Corporation directing to remove the encroachments alleged to have been made by them, without following principles of natural justice.

(3.) When the writ petition had come up for hearing on writ petitioners contended that the impugned notice for removal of encroachments has been issued in utter violation of principles of natural justice without issuing any show-cause notice or opportunity of hearing. Such contention has been raised in paragraph 6 of the writ affidavit. Based on the same, the learned single Judge granted interim relief on 4/11/2022. However, when the matter came up for hearing on subsequent dates, learned counsel representing the 2nd respondent informed the court that the order/notice dtd. 21/5/2022 impugned in the writ petition, has been issued after serving show-cause notice to the writ petitioners. A copy of the notice and service report was placed before the court, on which writ petitioners were afforded opportunity to ascertain the facts. Writ petitioners did not controvert the stand of the 2nd respondent that show-cause notice was served upon them before issuing order/notice dtd. 21/5/2022. As a matter of fact, learned single Judge records in paragraph 6 of the impugned order that writ petitioners admit that show-cause notice was served on them before issuing order/notice dtd. 21/5/2022. Learned single Judge, thereafter, directed the writ petitioners to appear in person and afforded them opportunity of hearing before passing the impugned order imposing costs for submitting false affidavit.