IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22324 of 2007 Between: Tandra Venkateshwar Rao, S/o late T.Raja Narsinga Rao, R/o H.No.7-6-211, Ashoknagar, Jagtial, Karimnagar District. ..... Petitioner AND 1. The Jagtial Municipality, Jagtial, Karimnagar District, rep. by its Commissioner. 2 The Commissioner, Jagtial Municipality, Jagtial, Karimnagar District. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring the action of the respondents in issuing proceedings in U.C.R.No.122/2007-08 dated 16-10-2007 and U.C.R.No.122/1/2007-08 dated 17- 10-2007 directing the petitioner to remove the constructions made by him in premises bearing H.No.1-4-48 & 48/1, Yavar Road, Jagtial, Karimnagar District, even though the said constructions have been made after obtaining an order from the Court, as arbitrary, illegal, unjust, violative of the Fundamental and Constitutional Rights guaranteed under the Constitution of India, as well as the provisions of the Andhra Pradesh Municipalities Act, 1965 and also in violation of the principles of natural justice and issue a consequential direction to the respondents to drop all further proceedings in the matter and pass such other order or orders as are deemed fit and proper in the circumstances of the case. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 23-10-2007 made in WPMP. No. 28954 of 2007 and dated 1-08-2008 made in WPMP. No. 1714 of 2008 and upon hearing the arguments of SRI S. SRINIVAS REDDY, Advocate for the Petitioner and of Sri Polisetti Radhakrishna, S.C. for the respondents, the Court made the following: ORDER: The narration of events pertaining to the construction made by the petitioner discloses the harassment to which the petitioner was put to, for the past about three decades. The Municipality went on searching to one excuse or the other, even after the matter became final, with the judgment of a Civil Court. The successive notices issued by the respondents are not only inconsistent, but are also untenable in law. It is felt that, even if the impugned orders are set aside, the matter would not end at that, and the respondents are determined to keep the petitioner on tenterhooks. The Municipal Commissioner, Jagtial, is directed to appear before this Court on 14-06-2010 and explain as to why suitable action be not initiated against him for the harassment caused to the petitioner. Post on 14-06-2010. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Jagtial Municipality, represented by its Commissioner, Jagtial, Karimnagar District 2. The Commissioner, Jagtial Municipality, Jagtial, Karimnagar District. ( 1 & 2 by SPEED POST/RPAD) 3.One C.C.to Sri S.Srinivas Reddy Advocate. (OPUC) 4. One C.C.to Sri Polisetti Radhakrishna Advocate. (OPUC) 5. one spare copy. HIGH COURT LNR.J DATED 8-06-2010 POST ON 14-06-2010 ORDER W.P.NO. 22324 OF 2007 DIRECTION Bsr Dt. 9-6-2010 HIGH COURT LNR.J DATED 8-06-2010 POST ON 14-06-2010 ORDER W.P.NO. 22324 OF 2007 DIRECTION