Andhra Pradesh High Court - Amravati
R Nagavani Nagaveni vs The State Of Ap on 23 August, 2024
Author: B Krishna Mohan
Bench: B Krishna Mohan
1
APHC010370732024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [0]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY THIRD DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 18747/2024
Between:
R Nagavani @ Nagaveni ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. S V MUNI REDDY
Counsel for the Respondent(S):
1. GP FOR MUNCIPAL ADMN URBAN DEV
The Court made the following ORDER:
Heard the learned counsel for the petitioner and the learned Standing
counsel for the 2nd respondent.
2. This writ petition is filed questioning the encroachment notice of the 2 nd
respondent dated 14.08.2024 directing the petitioner to show cause within 7
days why the encroached construction of the Zinc Sheet Shed be removed
from the date of receipt of that order.
3. The learned counsel for the petitioner submits that the petitioner
purchased the house property in an extent of 69.33 Sq.yards bearing
D.No.23/120, Nagapalyam, Punganur, Chittoor District under the registered
sale deed dated 06.09.2021 vide Document No.4706/2021 from her vendors.
Ever since, they have been in possession and enjoyment of the same. The
petitioner is also paying municipal tax to the 2nd respondent. When the
vendors interfered with the possession of the petitioner, she also filed suit in
O.S.No.331/2023 on the file of Principal Junior Civil Judge, Punganur which
was decreed on 03.10.2023. Another suit in O.S.No.400/1991 on the file of
Additional Junior Civil Judge, Punganur was also decreed vide its judgment
dated 09.02.1999. While so, merely because some persons anemical to the
petitioners gave complaint alleging that the petitioner occupied the municipal
road and raised the Zinc Sheet Shed, the 2nd respondent without verifying the
same, issued the above said impugned encroachment notice dated
14.08.2024 without conducting any enquiry and without giving any notice to
the petitioner. The 2nd respondent under the impugned notice dated
14.08.2024 says that as if the petitioner encroached the municipal road and
raised the said construction simply believing the complaints said to have been
given by the third parties without verifying the facts.
4. On the other hand, the learned Standing counsel for the 2nd respondent
submits that if the petitioner submits an explanation to the above said notice
dated 14.08.2024, the same will be considered by following the due
procedure.
5. In view of the above said facts and circumstances, the petitioner is
permitted to submit her explanation enclosing all the necessary documents in
support of her claim to the above said encroachment notice of the 2nd
respondent dated 14.08.2024 within a period of two (2) weeks from the date of
receipt of this order. On receipt of the same, pursuant to the above said notice
dated 14.08.2024, the 2nd respondent is directed to proceed with the
necessary enquiry strictly in accordance with law by hearing all the parties
concerned including the petitioner and the complainants if any and upon
verification of the records and the subject area of construction, appropriate
decision shall be taken on its own merits as expeditiously as possible
preferably within a period of eight (8) weeks thereafter. Pending enquiry, there
shall not be any coercive steps and there shall not be any further
encroachment of construction.
6. Accordingly, the Writ Petition is disposed of. There shall be no order as
to costs.
As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
____________________________
JUSTICE B KRISHNA MOHAN
23.08.2024.
UPS
