Andhra Pradesh High Court - Amravati
Ch.Anjaneyulu vs The State Of Andhra Pradesh on 6 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28128 of 2022
JUDGMENT:-
1. Heard Sri Narasimha Rao Gudiseva, learned counsel for
the petitioners and learned Government Pleader for Municipal
Administration for respondent No.1 and Sri G.Naresh Kumar,
learned counsel, representing Sri M.Manohar Reddy, learned
Standing counsel for the respondent Nos.2 and 3.
2. With the consent of the parties counsels, the writ petition
is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"Therefore, for the reasons stated above I humbly
pray that this Hon'ble Court may be pleased to issue a
Writ or Order or direction more issue a Writ or order or
direction more particularly one in the nature of Writ of
Mandamus declaring the action, things and deeds of
Respondents in proposing to demolish as well as issuing
Final Notice No.535/1073/VMC/UC/2022 dated
30.08.2022 in respect of Building in D.No.27-35-91,
Chodavarapuvari Street, Governorpet, Vijayawada,
Krishna District, without considering the Petitioners'
explanation which is illegal, irregular, arbitrary,
unconstitutional, against to the Principles of Natural
Justice, contra to the provision of A.P.Municipal
Corporations Act, 1955 and in Violation of Articles 14, 19,
21 and 300-A of Constitution of India, consequently direct
the Respondents not to demolish the Petitioners' Building
in D.No.27-35-91, Chodavarapuvari Street, Governorpet,
Vijayawada, Krishna District by declaring that the Final
Notice dated 30.08.2022 issued by the 2nd Respondent is
illegal and void and pass such other order or orders as
this Hon'ble Court may deem fit and proper in the
circumstances of the case."
4. Learned counsel for the petitioners submits that the
respondent No.2 passed the impugned final order dated
30.08.2022 without serving any notice. He submits that though
the order mentions about the notices dated 22.04.2022 and
02.06.2022, but those notices were not served. Consequently,
the petitioners could not file any explanation and the order has
been passed in violation of the principles of natural justice.
5. Sri G.Naresh Kumar, learned counsel for the respondent
Nos.2 and 3 was granted time to seek instructions and on the
basis of instructions he submits that the first notice dated
22.04.2022 has been sent through registered post but neither it
was received back nor the acknowledgement. He further
submits that the second notice dated 02.06.2022 was served on
the petitioner but the said fact has been disputed by the
learned counsel for the petitioners.
6. Sri G.Naresh Kumar submits that the petitioners have
filed explanation on 01.09.2022 after receiving the final order
and he has instructions to say that the impugned final
notice/order be treated as the provisional order/notice and
considering the petitioners' explanation filed on 01.09.202, the
final order will be passed by the respondent No.2 as per law.
7. Accordingly, the writ petition is disposed of finally with
the direction to the respondent No.2 to pass fresh orders, taking
the impugned final order as the provisional order, and
considering petitioners' explanation dated 01.09.2022 filed there
against within a period of four (04) weeks from the date of
production of copy of this order before the said authority in
accordance with law.
8. In case, the petitioners want the personal hearing, as is
requested before this Court, they may make such written
request before the authority which shall consider the same and
if it allows, shall fix a date for such hearing, but strictly
adhering to the time fixed in this order for passing final orders.
9. Till the final decision is taken or for a period of 6 weeks
from today whichever is earlier the impugned order shall not be
given effect to.
10. The writ petition stands disposed of.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 06.09.2022
SCS
JJJJJJJ
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28128 of 2022
Date: 06.09.2022
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