Andhra Pradesh High Court - Amravati
Donka Mohana Rao vs The State Of Andhra Pradesh, on 7 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28544 of 2022
JUDGMENT:-
1. Heard Sri A.K.Kishore Kumar, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent No.1 and Sri G.Naresh
Kumar, learned counsel, representing Sri M.Manohar Reddy,
learned Standing Counsel for the respondent No.2.
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 a Writ or order or direction more
particularly one in the nature of WRIT OF MANDAMUS
declaring the action of the Respondents herein particularly
Respondent No.2 in interfering with the Petitioner's
peaceful possession and construction activity of the
building at Door No/Plot No.46-9-3 of Canal road,
Jagannaikpur area, Kakinda town and further declaring
the notice issued by the Respondent No.2 vide Notice
No.01/1060/KKD/UC/2022, dated 18.08.2022 in
directing the Petitioner to stop the construction and further
without passing any orders on the explanation submitted
by the Petitioner on 20.08.2022 as nothing but illegal,
arbitrary, erroneous, highhanded and violative of article
21 and 300-A of the Constitution of India and
consequently direct the respondents not to interfere with
the petitioner's peaceful possession and construction of
the building situated at Door No/Plot No.46-9-3 of Canal
road, Jagannaikpur area, Kakinda town and pass such
other order or orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case."
4. Sri A.Kishore Reddy, learned counsel for the petitioner
submits that though the petitioner is raising construction as per
the building permission but still notice under Section 452 (1)
and 461 (1) of the Andhra Pradesh Municipal Corporation
Act, 1955 (for short, the APMC Act) bearing notice
No.01/1060/KKD/UC/2022, dated 18.08.2022 was issued to
him giving the details of the deviations/violations said to have
been identified and by the said notice the petitioner was also
directed to stop further construction. He further submits that
the petitioner submitted the explanation on 20.08.2022 but till
date any final order has not been passed. He further submits
that on the one hand the final order is not being passed and at
the other the respondents are interfering with the construction
work and not permitting the petitioner to raise further
construction.
5. Sri G.Naresh Kumar submits that from Ex.P2 at page
No.11, to the writ petition it is evident that the petitioner has
submitted reply to the Town Planning Building Overseer (TPBO),
Kakinada and not to the Municipal Commissioner.
6. However, Sri G.Naresh Kumar further submits that if the
petitioner files fresh explanation to the Municipal
Commissioner, within a period of ten (10) days from today, the
same shall be considered in accordance with law by the
Commissioner and the final order shall be passed within a
further period of two (02) weeks.
7. He further submits that the petitioner cannot continue
with the construction work in view of the specific order/notice
dated 18.08.2022, which is passed as per the provisions of
Section 462 (1) of the APMC Act, 1955.
8. Sri A.K.Kishore Reddy submits that the petitioner shall
submit reply/explanation to the Municipal Commissioner within
ten (10) days.
9. In view of the aforesaid submissions, the writ petition is
being disposed of finally providing that the petitioner shall file
explanation/reply to the notice dated 18.08.2022 to the
Municipal Commissioner along with copy of this order within a
period of ten (10) days from today, upon which the Municipal
Commissioner shall pass final orders, as per law, after affording
opportunity of hearing to the petitioner, within a further period
of two (02) weeks.
10. The petitioner shall also comply with the notice dated
18.08.2022/stop work order, till the final decision is taken by
the Municipal Corporation.
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.28544 of 2022
Date: 07.09.2022
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