MALA PENTAMMA Vs. NIZAMABAD MUNICIPALITY

JUDGEMENT

(1.) THE petitioners, five in number, belonging to Scheduled Tribe, filed the above petition praying to issue a writ of mandamus declaring the action of the respondents in threatening to demolish their houses bearing Door Nos. 7-13-1224, 7-11-505, 7-11-321, 7-13-28 and 7-11319 respectively, situated in Yerukalawada, Ashok Nagar, Bodhan road, Nizamabad, without following due process of law, as illegal, arbitrary and violative of Principles of Natural Justice and violative of article 300-A of the Constitution.

(2.) THE deponent to the affidavit - 4th petitioner states that all the petitioners belong to Scheduled Tribe and since they had no house sites, the third respondent after following due process of law and subject to their eligibility, granted patta of the house sites in respect of plot Nos. 441, 449, 447 and 448 each measuring 44, 66, 98, 99 and 66 Sq. yards, respectively, vide proceedings bearing No. B4/3670/93 dated 2. 6. 1994 and they have raised pucca houses in their plots which were allotted the above door Nos. by the first respondent and they have been residing in the said houses with families paying property tax, for the last ten years. It is further stated that they were allotted power connections. It is further stated that they have left over 5 in front of their houses for the purpose of laying drainage pipeline and it was laid and is in existence.

(3.) IT is stated that on 14. 7. 2005, the subordinates of first respondent municipality went to the petitioners houses and attempted to demolish the rear portion of their respective houses under the guise of laying another drainage pipelines has to laid on another side of the petitioners' houses without any notice, but on resistance by the petitioners, they left stating that they will come back for demolition. Thus filed the present writ petition.