IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11585 of 2005 Between: Grandhi Joga Rao, S/o. Sri Satyanarayana Murthy, At. 4-13-55, Main Road, Tuni, E.G.Dist. ..... PETITIONER AND 1 The Commissioner Municipality , Tuni, East Godavari District. 2 The Special Officer, Municipal Council, Tuni Municipality, Tuni, East Godavari 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 may be pleased to issue appropriate writ, order or direction, particularly a writ of Mandamus declaring the action of the respondent No.1 in issuing Roc.No. 6501/2004-J1, dated:14.5.2005 in respect of premises No. 4- 13-55, Situated at main Road Tuni, East Godavari District as illegal, arbitrary and without jurisdiction as also contrary to the provisions of the A.P. Municipalities Act, 1965 and issued a consequential order setting aside the same. Counsel for the Petitioner:MR.J.PRABHAKAR Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11585 of 2005 It is the case of the petitioner that the respondents issued notice, dated 14-05-2005, directing him to remove the encroachment made by him in front of his building and maintain 15 feet set back. The respondents issued notice, dated 14-05-2005, stating that the petitioner encroached upon the road margin and accordingly he was directed to remove the encroachment. However, it is always open for the petitioner to make a representation to the said notice and, therefore, issuance of the impugned notice cannot be said to be illegal and arbitrary. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make a representation within one week from today. If any such representation is made, it is for the respondents to consider and dispose of the same in accordance with law. There shall be no order as to costs. __________ 14-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{NS}