G Durgamma vs The State Of Ap
2023 Latest Caselaw 2193 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.10135 of 2023

JUDGMENT:-

1.    Heard      Ms.   Maimuna          Mubashira,   learned    counsel,

representing Sri M.R.K. Chakravarthy, learned counsel for the

petitioner and learned Government Pleader for Municipal

Administration for the respondent No.1 and Sri N. Ranga Reddy,

learned Standing counsel for the respondent Nos.2 and 3.

2. For the order proposed to be passed issuance of notice to

the unofficial respondent No.4 is dispensed with.

3. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

4. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore necessary in the interests of justice that this Hon'ble Court may be pleased to issue an appropriate writ, order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondent Municipality in not taking any action on the illegal constructions made by the Fourth Respondent in respect of H.No. 17/148-51, in Sy.No. 374, Kallubavi, Pangarapole Revenue, Ward No.17, Adoni, Kurnool District despite of the Petitioner's Representation dated 18/01/2023 and Notice dated 17/02/2022 and Proceedings vide Endorsement Roc.No.3033/2022/G1

dated 24/05/2022 issued by the Respondent Municipality in furtherance of the Order of this Honble Court in W.P.No.4649/2022 dated 22/02/2022 as illegal, arbitrary, biased violative of Articles 14, 21 and 300A of the Constitution of India apart from being violative of the provisions of the Andhra Pradesh Municipalities Act, 1965 and also direct the Respondent Authorities to forthwith demolish the illegal constructions with H.No.17/148-51 situated in Sy.No.374, Kallubavi, Pangarapole Revenue, Ward No. 17, Adoni, Kurnool District made by the Fourth Respondent encroaching on the 100 feet Municipal Road (Adoni to Alur) and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

5. Learned counsel for the petitioner submits that the

respondent No.4, Sri Ramajeertham Bhaskar, raised illegal and

unauthorized construction on the margin of the Municipal road.

The respondent No.2 issued notice dated 17.02.2022 under

Sections 189, 192, 193 and 194 of Andhra Pradesh

Municipalities Act, 1965 to the respondent No.4, which notice

was challenged in W.P.No.4649 of 2022, which was disposed of

with direction to the respondent No.3 therein to consider and

pass appropriate orders in accordance with law. The

Municipality thereafter passed the endorsement dated

24.05.2022, directing the respondent No.4 herein to remove the

House D.No.17/148-51, in Sy.No.374 in the 100'-o" wide NH167

Adoni - Alur road within two weeks from the date of receipt of

this endorsement, providing further that if the same was not

removed within the specified time, the same shall be removed by

the Department without further intimation.

6. The respondent No.4 also filed O.S.No.215 of 2022

against the Commissioner of the Municipality in which his

application being I.A.No.111 of 2022 for grant of temporary

injunction was rejected on 08.12.2019 by the I Additional

Junior Civil Judge, Adoni and the suit was also dismissed vide

judgment/decree dated 25.01.2023.

7. Learned counsel for the petitioner submits that inspite of

the aforesaid, the respondent No.4 did not remove the

unauthorized construction and the Municipality also did not

take the steps to remove the same from the public road. The

petitioner has submitted the representation dated 18.01.2023,

but no action has been taken thereon by respondent No.4.

8. Sri N. Ranga Reddy, submits that the respondent No.2 is

taking steps as is evident from the documents annexed by the

petitioner, to remove the unauthorized construction. He submits

that the Commissioner of the respondent No.2, after verifying

and if there is no legal impediment in giving effect to its orders

passed against the respondent No.4, shall take appropriate

necessary steps to ensure that the unauthorized construction is

removed from the road margin of the Municipal road.

9. In view of the aforesaid submissions advanced and the

stand taken by the respondent No.2, the writ petition is being

disposed of finally, with the consent of learned counsels for the

parties, providing that the Commissioner of the respondent No.2

shall consider the petitioner's representation dated 18.01.2023,

and if there is no legal impediment in giving effect to the orders

passed by the Municipality for demolition/removal of the

unauthorized construction on the public place, the Municipality

shall ensure that such construction, if still there, is removed.

10. Before such removal, as aforesaid, the respondent No.2

shall give opportunity to the respondent No.4 as well, but the

entire exercise shall be completed within four (04) weeks from

the date of receipt of copy of this order by respondent No.2.

11. The writ petition is disposed of finally with the above

directions.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 21.04.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.10135 of 2023

Date: 21.04.2023

Scs