The high court took serious note of the issue and directed the petitioners to appear in person to explain as why action should not be initiated against them for abusing the process of court.
One Bellamkonda Venkata Narayana along with 13 others moved a lunch motion petition for urgent hearing on November 4 after the Mangalagiri-Tadepalli Municipal Corporation officials tried to demolish the alleged encroachments for road-widening.
The petitioners argued that the officials did not give them any show cause notice prior to the issuance of notices for encroachments. They argued that without hearing them the officials are going ahead with the demolitions which is against to the principles of natural justice. Recording the submissions of the petitioners, the high court granted interim stay on demolitions and directed the officials to file counters.
The commissioner of MTMC filed counter affidavit stating that the show-cause notices have been issued according to the procedure. Counsel for the petitioners T Sai Surya also admitted that they have received showcause notices.
Justice Ravinath Tilhari said the interim order was granted on request that the officials were going ahead with demolitions without giving any show cause notices. The same was stated in the affidavit on oath. Stating wrong facts in the affidavit to obtain interim orders is nothing but abuse of process of courts, said Justice Ravinath Tilhari.
Directing the petitioners to appear before the court on Thursday to explain why action should not be initiated against them for abusing the process of courts, Justice Tilhari vacated the interim order granted earlier.
Locals of Ippatam village alleged they are being targeted by the ruling dispensation as they have given land to Jana Sena chief Pawan Kalyan for holding party formation day meeting in March. They alleged that in the guise of road widening, their houses are being demolished to take vengeance. They moved the high court challenging the notices issued by municipal corporation.