Illapu Chengamma vs The State Of Andhra Pradesh
2023 Latest Caselaw 4152 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION NO. 14276 OF 2023

JUDGMENT:-

        Heard Sri V.Surendra Reddy, learned counsel for the

petitioner and Sri Kaluva Suresh Kumar Reddy, Standing Counsel

for the respondent No.3.

2. In spite of opportunity having been granted on various dates

for filing counter affidavit, the counter affidavit has not been filed

yet.

3. Learned counsel for the petitioner submits that the petitioner

was got issued with impugned Encroachment Notice

No.20/WPRS-141/2023/NMC, dated 27.05.2023 under Sections

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

petitioner to remove the alleged obstruction in Survey Nos. 261

and 262 in front of Kasikayala Agraharam, Pogathota, Nellore.

4. Learned counsel for the petitioner's submits that the

petitioner house is not in encroachment but the petitioner was

granted house site patta and in this respect he has annexed Ex.P2

issued by the Tahsildhar to show that the patta was granted to the

petitioner.

5. The decision whether the petitioner is in encroachment and

the construction raised by the petitioner is illegal or unauthorized

construction or it is not encroachment but under the house site

patta, is a question which can be better determined by the authority

issuing the notice, at this initial stage, as the matter requires

evidence. Since notice has been given to the petitioner, the

petitioner shall file reply to the said notice before the respondent

No.3 along with the copy of the patta and relevant documents in

support of his case. Upon which, the respondent No.3 shall pass a

speaking order, considering the reply, in accordance with law,

within a period of four weeks from the date of copy of this order is

produced by the petitioner before the respondent No.3.

6. Till such decision is taken, the impugned notice shall not be

given affect to.

7. The petitioner shall submit the copy of this order along with

reply, within a period of one week from the date of its receipt.

8. The Writ Petition stands disposed of finally with the

aforesaid observations and directions. There shall be no orders as

to cost.

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

shall also stand closed.

________________________ RAVI NATH TILHARI, J

Date : 11.09.2023 Note : Issue C.C in two days.

(B/o) PKR

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

C-

WRIT PETITION NO. 14276 OF 2023

Date : 11.09.2023 Note : Issue C.C in two days.

(B/o) PKR