Andhra Pradesh High Court - Amravati
Sri. Mohammad Badrujama, vs The State Of Andhra Pradesh on 7 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28598 of 2022
JUDGMENT:-
1. Heard Sri P.R.K.Amerandra Kumar, learned counsel for
the petitioner and learned Government Pleader for Municipal
Administration for the respondent Nos.1 and 2 and Sri
G.Naresh Kumar, learned counsel, representing Sri M.Manohar
Reddy, learned Standing Counsel for the respondent Nos.3
and 4.
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:-
"It is therefore prayed that this Hon'ble Court may
be pleased to issue order direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of
the respondent in Demolition of the house Door No.
17-10-6 situated at Masjid Road, Lakshmivarapu Peta,
Eluru, Eluru District as illegal, arbitrary and contrary to
provision of A.P. Municipal Corporation Act and
consequently not to demolish the petitioner house bearing
No.17-10-6 situated at Masjid Road, Lakshmivarapu Peta,
Eluru, Eluru District and to pass such other order or
orders may deem fit and proper in the circumstances of
the case."
4. Sri P.R.K.Amerandra Kumar, learned counsel for the
petitioner submits that the respondent No.3 issued notice
No.146/1075/ELR/UC/2022 dated 15.06.2022 under Section
452 (1) and 461 (1) of the Andhra Pradesh Municipal
Corporation (for short, the APMC Act) Act, 1955 to the
petitioner's wife and another notice
No.147/1075/ELR/UC/2022 dated 15.06.2022 on the same
subject was issued to the petitioner, pointing out some
identified deviations/violations in construction and also
directing to stop further construction forthwith and show
sufficient cause as to why the said deviations be not
removed/altered or pulled down within 7 days from the date of
receipt of this notice.
5. He further submits that the petitioner's wife to whom
notice No. 146/1075/ELR/UC/2022 was given has died.
6. However the petitioner has submitted his
explanation/reply to the respondent No.3 on 21.06.2022 but till
date no order has been passed considering the petitioner's reply.
7. Sri G.Naresh Kumar submits that as the petitioner has
already submitted the reply to the notice, the respondent No.3
shall pass appropriate orders in accordance with law within a
period of three (03) weeks from the date of production of copy of
the order before the said respondent, and till the final order is
passed, the construction in question shall not be demolished,
but the petitioner should also not raise any further construction
pursuant to the notice/stop work order till passing of the final
order.
8. In view of the aforesaid submissions, the writ petition is
being disposed of finally with the direction to the respondent
No.3 to pass final orders, after considering the petitioner's reply,
and affording opportunity of hearing, in accordance with law,
within a period of three (03) weeks from the date of production
of copy of this order before the said authority.
9. It is further provided that till the final order is passed or
for a period of four (04) weeks whichever is earlier the subject
property shall not be demolished.
10. The petitioner shall also not raise any further
construction and comply with the stop work order/notice dated
15.06.2022 till passing of the final orders by the respondent
No.2.
11. The writ petition is disposed of finally.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 07.09.2022
Note:-
Issue C.C by 09.09.2022
B/o
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28598 of 2022
Date: 07.09.2022
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