Kandragunta Ramanamma vs The State Of Andhra Pradesh,
2023 Latest Caselaw 3101 AP

        THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.13255 OF 2023


JUDGMENT:

1. Heard Sri Y. Narapa Reddy, learned counsel for the

petitioner, learned Government Pleader for Municipal

Administration and Urban Development Authority for the 1st

respondent and Sri G. Naresh Kumar, learned counsel

representing Sri M. Manohar Reddy, learned standing counsel for

the 2nd respondent.

2. The petitioners are challenging the final notice dated

08.05.2023 issued to them to vacate their residential houses/huts

from the road margin.

3. Previously the petitioners filed W.P.No.6537 of 2023

challenging the notice dated 11.03.2023, by which also they were

directed to vacate the same premises, on the ground that no show-

cause notice granting opportunity of hearing was issued.

4. The writ petition was disposed of with a direction to the

respondents to treat the notice dated 11.03.2023 as the show

cause notice against which the petitioners were to submit their

explanation. The Municipal Authorities were directed to consider

and pass appropriate orders.

5. One Smt Peram Prameela, W/o. P. Venkateswara Rao also

filed W.P.No.11701 of 2021 for removal of the encroachment on

the road margin which was also disposed of on 13.02.2023 with a

direction to the Municipal Authorities to vacate the encroachers

from the road margin by following due process of law.

6. Pursuant to the aforesaid directions after granting

opportunity of hearing to the petitioners, the final notice dated

08.05.2023 has been issued to vacate the road margin premises

encroached by the petitioners.

7. The final notice itself shows that the petitioners are

encroachers on the road margin and under the scheme known as

"Navaratnalu - House for all the poor", the petitioners have already

been allotted alternate sites.

8. The alternative allotment has not been disputed.

9. In view of the aforesaid the impugned final notice is perfectly

in accordance with law and with due opportunity of hearing. The

road margins can not be encroached upon.

10. No case for interference is made out.

11. The writ petition is dismissed. No order as to costs.

Consequently, the miscellaneous petitions, if any, pending in

the petition shall stand closed.

_________________________ RAVI NATH TILHARI, J Date:12.05.2023 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.13255 OF 2023

Date:12.05.2023 Gk