IM THE HIGH COURT Of" ANDHRA PRADESH :: AMARAVATI (Special OiigtnaS Jurisdiction)

FRIDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR Q

THE HONOURAE3LE SRi JUSTICE: B KRISHNA !/10HAN

WRIT PETITION NO: 16775 OF 2024

Between:;

P Roja, W/o. Chinna, Aged about 30 years, Occ Home Maker, R/o. 21/416, MM Colony, Adoni Town, Kurnool District, Andhra Pradesh.

..PETITIONER

• 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration, Secretariat Buildings, at Veiagapudi, Guntur District, Andhra Pradesh.
• 2. Adoni Municipality, Ftep. by its Commissione'', /^doni, Kurnool District.

...RESPONDENTS

Petlf'on 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 a writ, order or clirecti:on nnore particularly one in the nature of Writ of Mandamus declaring the action of the action of the 2nd Respondent in issuing the notice of encroachment vide 01/WPRS17/2024 dated 18,07,2024 under Sections 189, 192, 193 and 194 of the Municipal Act-1965 bearing as illegal, arbitrary, vyithout authority and unjust and in

violation of Articles 14 and 21 of Constitution of India and principles of natural justice and consequently to set-aside the above said notice.

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to demolish building bearing 21/411, 99B, M M Colony, Adoni-518301 pending disposal of the writ petition in the interest of justice.

Counsel for the Petitioner(s): SRI AISHWARYA NAGULA

Counsel for the Respondent No.1 : GP MUNCIPAL ADMN AND URBAN DEV

Counsel for the Respondent No.2 : SRI N RANGA REDDY, SC FOR MUNICIPALITY

The Court made the following: ORDER

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APHC010333202024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3233]

FRIDAY,THE SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 16775/2024

Between:

P Roja ...PETITIONER

...RESPONDENT(S)

AND

The State Of Ap and Others

Counsel for the Petitioner:

1.AISHWARYA NAGULA

Counsel for the Respondent{S):

1.GP MUNCIPAL ADMN AND URBAN DEV AP

The Court made the following Order:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2"^ respondent.

2. This writ petition is filed questioning the encroachment notice issued by the 2^^^ respondent dated 18.07.2024 addressing to the petitioner's husband alleging that they have constructed public toilet in the government land unauthorizedly and as such they were asked to remove the same within ^a period of seven (7) days from the date of receipt of the said notice.

The learned counsel for the petitioner submits that 3. the impugned encroachment notice does not give any subject site details of the alleged encroachment and that apart the petitioner is having house site patta issued by the Tahsildar dated 03.02.2023 vyith respect to the plot No.211 in town survey No.68 admeasuring 24/27 sq. yards with certain terms and conditions. Ever since, she has been in possession and enjoyment of the same. When there was dispute with the 3'^'' parties, the petitioner also filed O.S.No.465/2023 on the file of the learned Principal Junior Civil Judge, Adoni, against the said defendants, with respect to the suit scheduled property at Plot No.211 in survey No.68, MM Colony, 26'^ ward, Vengalapuram, within the limits of the Adoni Municipality. While so, suddenly the 2^^ respondent issued the above said encroachment notice addressed to the petitioner's husband. No opportunity was given to the petitioner and no enquiry was conducted, so far, whether there was any encroachment by the petitioner as alleged in the impugned encroachment notice dated 18.07.2024.

4. On the other hand, the learned Standing Counsel appearing for the 2'''^ respondent submits that the petitioner can submit her explanation to the above said encroachment notice dated 18.07.2024 respondent by nd and, if, so, the same will be considered by the ² following the due procedure.

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5. In view of the above said facts and circurrstances, the petitioner can submit her explanation by enclosing all the necessary documents in support of her claim to the above said e:ncroachment notice dated 18.07.2024 within ^a period of two (2) weeks from the date of receipt of this order. On receipt of the same, the 2"''^ respondent shall conduct necessary enquiry pursuant to the above said tmcroachment notice dated 18.07.2024 treating it only as notice and upon hearing all the parties concerned including the petitioner and upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within ^a period of eight (8) weeks thereafter. Pending the above said enquiry, there shall not be any coercive steps and there shall not be any further constructions by the petitioner.

.:/ Accprdlngty, the writ petition is disposed of. There shall be no order as to costs. 6.

As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.

ASSISTANT^EGISTRAR //TRUE COPY// ^c t

SD/- SHAIK MOHD. RAFI

SECTION OFFICER

To,

• 1. The Principal Secretary, Municipal Administration, State of Andhra Pradesh, Secretariat Buildings, at Velagapudi, Guntur District, Andhra Pradesh.
• 2. The Commissioner, Adoni Municipality, Adoni, Kurnool District.
• 3. One CC to M/S AISHWARYA NAGULA Advocate [OPUC]
• 4. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh. [OUT]
• 5. One CC to SRI N RANGA REDDY, SC for MUNICIPALITY [OPUC]
• 6. Three CD Copies

Madhu

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HIGH COURT

DATED:02/08/2024

ORDER

WP.No.16775 of 2024

DISPOSING THE WP WITHOUT COSTS