HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.11795, 11796, 11806, 11813, 11816, 11817, 11905, 12064 and 12169 of 2005 Date : 09.12.2009 Between : Kukkadapu Nuka Raju & others. …..Petitioners And The Municipal Council, Tuni Municipality, East Godavari District, rep. by its Commissioner & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION Nos.11795, 11796, 11806, 11813, 11816, 11817, 11905, 12064 and 12169 of 2005 COMMON ORDER : In all these writ petitions, the notices, dated 14.05.2005, issued to the petitioners, asking them to remove certain potions of the constructions made by them, are under challenge. As the issue involved in the notices issued to all the petitioners is similar, all these writ petitions are being disposed of together by this common order. 2. The petitioners are owners of the residential/commercial properties on the main road of Tuni in East Godavari District. By the impugned notices, they were directed to remove the structures that are towards road side within their site, so as to maintain 15 feet open space. It is alleged that in view of the existence of said structures, there is congestion on the road and there is also no parking place due to the commercial activity on the said road. Further, in the notices, it is stated that if the petitioners do not remove the structures by maintaining 15 feet open space towards road side, the same will be removed Departmentally by collecting necessary charges from them. 3. In all these cases, it is the contention of the petitioners that the constructions were made as per sanctioned plans and the respondents have issued the impugned notices only to avoid the acquisition proceedings for widening the road. 4. Though the writ petitions are of the year 2005, no counter affidavits are filed. However, upon a perusal of the impugned notices, it is clear that there is no allegation of petitioners making any constructions contrary to the sanctioned plan. In that view of the matter, merely because the area has become a commercial area and there is congestion of road, that itself is not a ground to issue notices for removal of constructions being made by the petitioners by obtaining due permission from the competent authority. On this short ground, the impugned notices are liable to be quashed. 5. For the aforesaid reasons, the impugned notices, dated 14.05.2005, issued to the petitioners are hereby quashed. However, it is made clear that if any constructions are made either by encroaching upon the road portion or contrary to the sanctioned plan, this order will not preclude the respondents from taking steps in accordance with law. 6. Subject to above directions, all the writ petitions are allowed. No order as to costs. _____________________ R.SUBHASH REDDY, J 9th December 2009 ajr