D John Wesley vs The State Of Andhra Pradesh
2023 Latest Caselaw 4162 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.23672 OF 2023

JUDGMENT:-

1.    Heard Sri P. Ranga Rao, learned counsel for the petitioner

and learned Government Pleader for Municipal Administration

for the respondent No.1 and Sri M. Santhosh Reddy, learned

counsel representing Sri M. Manohar Reddy, learned Standing

Counsel for the respondent Nos.2 and 3.

2. 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in trying to taking action by seizing/removing/demolishing of structure of the Petitioner's building/Apartment consequent to impugned notice dt. 24-08-2023 to the petitioner and his tenants under Section 340(A)(1)(2)(3) of Andhra Pradesh Municipalities Act, 1965, without considering petitioner's explanation dt. 02-09-2023 and even without passing any order in respect of building/ Apartment of the petitioner bearing Door No.26-14-29 at DNR College Road of Bhimvaram Town, Bhimvaram Municipality limits, West Godavari District, as ill-legal and arbitrary, and violation of Articles 14 and 21 of the Constitution of India besides violation of A. P. Municipalities Act, consequently direct the respondents 2

and 3 not to take any coercive action including seizing/removal/demolition of structures of the Petitioner's building/apartment bearing Door No.26-14-29 at DNR College Road of Bhimvaram Town, Bhimvaram Municipality limits, West Godavari District by setting aside the impugned notice dt. 24-08-2023 and pass such other order or orders may deem fit and proper in the circumstances of the case."

[

3. Learned counsel for the petitioner submits that the

petitioner was served with the seizure notice under Section 340

(A) of the Andhra Pradesh Municipalities Act, 1965 on the

ground that the utilization by the petitioner of the ground, first

and the second floor by the Bank and Gym is against the

regularization plan and zoning regularization. The petitioner

was directed to vacate the same, failing which the same will be

seized, as per the building rules.

4. The petitioner has filed reply to the seizure notice, on

02.09.2023 to the Commissioner, Municipality. It is submitted

that the reply is still pending, but without considering the same,

the petitioner reasonably apprehends, the order of seizure will

be passed by the respondent No.2.

5. Sri M. Santhosh Reddy, learned counsel the respondent

Nos.2 and 3 submits that the petitioner's apprehension is

unfounded. The appropriate orders, pursuant to the seizure

notice, shall be passed in accordance with law after considering

the petitioner's reply, if he has so filed.

6. In view of the aforesaid submissions, as the matter

involves disputed questions of fact and it would not be

appropriate at this stage, to enter into such questions which for

their adjudication requires evidence, the ends of justice would

be met if the respondent No.2 is directed to pass appropriate

orders, pursuant to the notice of seizure issued to the petitioner

and the reply submitted, before proceeding further with the

seizure notice.

7. Consequently, without observing anything on the merits

of the contents of the seizure notice or/and the petitioner's

reply, this writ petition is being disposed of finally, with the

consent of all learned counsels for the parties, with direction to

the respondent No.2, the Commissioner of the Bhimavaram

Municipality, West Godavari District to consider the petitioner's

reply dated 02.09.2023 to the seizure notice, and pass

appropriate orders, finally, in accordance with law, within a

period of three (03) weeks from the date copy of this order is

placed before the respondent No.2.

8. The petitioner shall serve copy of this order with another

copy of his reply dated 02.09.2023 within a period of the week

from the date of receipt of copy of this order.

9. If the petitioner fails to comply with this order, the benefit

of this order will not be available on expiry of aforesaid period.

10. No order as to costs.

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 by 18.09.2023 B/o:- SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.23672 OF 2023

Date:11.09.2023 Scs.