THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 20825 of 2009 Oral order: The petitioners state that their father is the absolute owner of the property in question, having purchased the same under registered sale deed, and that they are living in the property in question by constructing a house. While so, it is the case of the petitioners that the respondent, namely Municipal Corporation of Kakinada, started fencing the land from the front portion of their house, thereby closing the access of ingress and egress to their house. Hence, the petitioners seek appropriate directions to the respondent. The learned Standing counsel for the respondent produced a plan showing the existing municipal encroachments at Shanthi Nagar Colony L.P. No. 36/73, Kakinada, and submitted that the petitioners encroached open space as well as Ramaiah channel and made constructions unauthorizedly without permission. However, the learned counsel for the petitioners disputed the encroachments, and submitted that the petitioners had made constructions after obtaining the sanctioned plan and having constructed the house are also paying taxes regularly to the respondent. Though the respondent contends that the petitioners have encroached the open land and Ramaiah channel and made constructions thereon, the fact remains, the respondent has not issued any notice indicting the encroachments allegedly made by the petitioner. However, having regard to the facts and circumstances of the case, both the counsel for the petitioner and the learned Standing Counsel for the respondent agreed to the disposal of the writ petition with the following directions: The respondent is directed to issue notice to the petitioner indicting the encroachments/violations allegedly made by the petitioners, and calling upon them to submit their explanation. Upon considering the explanation, if any, to be submitted by the petitioners to the notice, the respondent shall pass appropriate orders. Thereupon, based on the orders to be passed, respondent is at liberty to take action against the petitioner. Till such exercise is undertaken, the respondent is directed not to make any demolition of the property in question. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J Dated: 25th September, 2009 KSR