IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22850 of 2008 Between: 1 O. Khader Saheb S/o. Nabi Saheb R/o. 2-163-D8 & 2/163-E2, Ram Nagar, Rajampet Village & Mandal, Kadapa Dist. 2 O. Khader Bee W/o. O. Khader Saheb R/o. 2-163-D8 & 2/163-E2, Ram Nagar, Rajampet Village & Mandal, Kadapa Dist. ..... PETITIONER(S) AND The Rajampet Municipality Rep. by its Commissioner Rajampet, Kadapa Dist. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in issuing notice vide R.O.C.No.118/2008/G1, dated 239-2008 under Sections 189, 192, 336, 360 and 361 of the A.P. Municipalities Act, 1965, as arbitrary, illegal, violatie of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and in violation of principles of natural justice and consequently direct the respondent not to interfere with petitioners' peaceful possession and enjoyment of the property bearing Door Nos.2-163-D8 & 2/163-E2, situate in Sy.No.962/2, Ram Nagar, Rajampet Village & Mandal, Kadapa Dist. Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION 22850 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are two in number assailing the notice vide R.O.C.No.118/2008/G!, dated 23-9-2008 issued by the Municipality under Sections 189, 192, 336, 360 and 361 of A.P. Municipalities Act 1965. 2. The petitioners claim that they are the absolute owner and possessors of house bearing No. 2-163-D8 & 2/163-E2, Ramnagar, Rajampet village and Mandal, Kadapa District having purchased the same from Pasupuleti Subbamma under registered sale deed dated 18-6-1992. The respondent-Municipality issued an encroachment notice dated 23-9-2008 alleging that the petitioners encroached upon an extent of 136.39 square yards of Government Land and directing them to remove the said encroachment within two days. The said notice is under challenged. 3. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondent- caveator. 4. Learned counsel appearing for the petitioners submits that the petitioners purchased the premises in their occupation under registered sale deed and it does not form part and parcel of grave yard alleged to be in survey No. 961( c) of Ramnagar area of Rajampet Municipal limits. 5. Learned standing counsel appearing for the Municipality submits that the petitioners are in occupation of land earmarked as a grave yard. 6. .Indisputably the petitioners are claiming part of the land in Survey NO. 962/2,. Whereas the respondent Municipality claiming Ac. 3-36 cents in Survey No. 961/C. The petitioners assert that the premises in occupation have been purchased by them from Pasupuleti Subbaiah. 7. In that view of the matter, I deem it appropriate to treat the encroachment notice issued to the petitioners as show cause notice. 8. Accordingly, the petitioners are directed to and submit explanation to the encroachment notice within three weeks from the date of receipt of copy of this order. Thereupon the respondent-Municipality shall consider the explanation submitted by the petitioners thereafter and pass appropriate orders within two weeks thereafter. There shall be status quo existing as on this day till the objections of the petitioners are disposed of. 9. With the above observation, this writ petition is disposed of at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20th October, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION 22850 OF 2008 20th October, 2008.