THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.29003 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the Provisional Orders bearing UC No.22/2010/G1, dated 24- 10-2011 issued by the 1st respondent under Section 217 (1) and (2) of the Andhra Pradesh Municipalities Act, 1965 as arbitrary illegal and consequently set aside the same. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are the absolute owners and possessors of land to an extent of 242, 236 and 244 of square yards respectively in Survey No.334 in Ward No.1 of Sattenpalli Town and raised dwelling houses in accordance with approved plan and paying tax from time to time. While matter stood thus, the respondent issued the impugned Provisional Order, dated 14-10-2011 calling upon the petitioner to remove the alleged constructions, which were made contrary to approved plan. Hence, the writ petition. 3. Learned counsel appearing for the petitioners contended that the present impugned order does not contain any extent, encroachment and it is nothing but pre-concluding the matter and hence, he prays to set aside the same. 4. On the other hand, learned standing counsel appearing for the respondents contended that it is only Provisional Order directing the petitioner to give explanation within three days as to why the Provisional Order should not be implemented and hence, he prays to dismiss the writ petition. 5. As seen from the impugned order, no doubt passing observation was made to the effect that the petitioners made construction of stair case without leaving any set backs and therefore petitioner is directed to remove illegal structures after receipt of notice, but at the same time, the entire Provisional Order would clearly go to show that petitioner was given 3 days time as to why the Provisional Order under Section 217 (1) of the Andhra Pradesh Municipalities Act, 1965 should not be confirmed. Some reasonable time should be given to the petitioner to submit explanation. Therefore, the petitioner is directed to give explanation for the Provisional Order, dated 24-10-2011 within one week from the date of receipt of a copy of this order and thereafter, the respondents shall take appropriate decision basing on the impugned notice and the explanation that may be submitted by the petitioners and pass appropriate orders in accordance with law and till such time, stair-case shall not be demolished or removed. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. --------------------- K.C.BHANU, J DATED: 28-10-2011 Hsd