THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.938 of 2011 ORDER: The petitioner states that his father was a lessee of a shop in Alluri Satyanarayana Raju Municipal Complex, Narsapur, West Godavari District. According to him, the Complex was demolished with a view to bring about a new structure and as a compensatory measure, his father was permitted to erect a small stall in front of Shop No.1 of the Municipal Complex at Village Chavadi about 20 years ago. The Municipality is said to have collected taxes year after year. The respondent issued encroachment notice, dated 12.01.2011, requiring the petitioner to remove the structure within seven days. It further states that if the petitioner fails to remove the structure, action would be taken under Section 361 of the Andhra Pradesh Municipalities Act. The petitioner feels aggrieved by the notice. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. The impugned notice is silent as to when the petitioner had erected the structure, which is said to be 4 feet x 4 feet abutting an existing shop. The averment of the petitioner that his father was a lessee of a shop constructed by the Municipality and when it was demolished, he was permitted to erect the structure in question about 20 years ago, cannot be ignored. The learned counsel for the petitioner has placed before this Court, the photographs which show the disputed structure. Hardly it encroaches into any road. In fact, it appears to be within the roof projection of the Shopping Complex. The structure by itself does not appear to be objectionable. However, if the petitioner is causing any obstruction to the traffic on the street in the course of doing business in the structure, necessary steps can be taken to prevent it. Hence, the writ petition is allowed and the impugned notice is set aside. It is made clear that the petitioner shall not be put any structure in front of the shop in such a way as to cause any obstruction to the travelling public or pedestrians. There shall be no order as to costs. _______________________ L.NARASIMHA REDDY,J Dt: 25.01.2011. kdl