Thalla Lavanya vs The State Of Andhra Pradesh
2023 Latest Caselaw 2044 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

           WRIT PETITION NO. 9485 OF 2023

JUDGMENT:-

1)    Heard Sri. Amanchi Royal, learned Counsel for the

Petitioner and Sri G.Naresh Kumar, learned counsel,

representing Sri M.Manohar Reddy, learned Standing

Counsel for the respondent Nos. 2.

2) This petition is filed for Writ of Mandamus declaring

the notice dated 03.04.2023 issued by the 2nd respondent

under Section 405 and 406 of the Municipal Corporation

Act, 1955, for demolishing the house admeasuring Ac.0.08

cents in survey no. 106, situated at Gorantla Village,

Guntur East Mandal, Guntur District, as illegal, arbitrary,

and in violation of Articles 14, 16, 21 and 300A of the

Constitution of India and consequently to set-aside the

notice dated 03.04.2023 issued by the 2nd Respondent.

3) The learned Counsel for the Petitioner submits that,

the impugned order has been passed with respect to the

Petitioner's private property and the provisions of Section

405 and 406 of the A.P. Municipal Corporation Act, 1955,

will not apply to such property.

4) As per the notice the Petitioner has made

encroachment, over the public property, as mentioned in

the notice. The order has been passed, pursuant to the

orders in W.P. (PIL) No. 108 of 2022, dated 20.10.2022,

whereby the Respondents were directed to remove the

encroachments within the specified period in accordance

with law.

5) The submission that, the property in question is the

Petitioner's private property is a disputed question of fact,

which would require leading of evidence for its

determination for which the writ petition is considered not

to be the appropriate remedy.

6) In the result, the petition is dismissed, however,

leaving it open to the Petitioner to seek such other

appropriate remedy as may be open to him in law in

appropriate forum, if so advised.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J Date: 18.04.2023 SM/KBN...

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 9485 OF 2023

Date: 18.04.2023

SM/KBN