IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27564 of 2007 Between: A.Satyamma, W/o Ramachandram, R/o H.No.1-2-37 to 1-2-41, Taaka Street, Weekly Bazar, Jagtial, Karimnagar District. ..... PETITIONER AND 1 the District Collector, Karimnagar District, Karimnagar. 2 The Revenue Divisional Officer, Jagtial, Karimnagar District. 3 The Jagtial Municipality, represented by its Commissioner, Jagtial, Karimnagar District. 4 The Executive Engineer, National Highways, Perkit Armur, Nizamabad District. 5 The Executive Engineer, R&B, Jagtial, Karimnagar District. .....RESPONDENT(S) 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 a writ order or direction more particularly one in the nature of writ of mandamus declaring the notice in R.O.C.No.898/G1/2003 dated 05-12-2007 issued by the 3rd respondent and the action of the respondents in resorting to demolish the building bearing H.No.1-2-37 to 1-2-41 situated at Yawar (Jawahar) Road, Jagtial, Karimnagar District without any manner of right or power as illegal, arbitrary, unconstitutional and violative of Article 14, 19 & 300-A of the Constitution of India and direct the respondents not to interfere with my possession and enjoyment of the said building and pass suchother order or orders which are deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : O R D E R: This Writ Petition has been ﬁled by A.Satyamma assailing the notice-dated 5.12.2007 issued under Andhra Pradesh Municipalities Act, 1965 by 3rd respondent-Commissioner, Jagtial Municipality. The petitioner got property bearing Nos.1-2-37 to 1-2-41 situated at Yawar (Jawahar) Road, Jagtial under a registered WILL executed by her mother-in-law-Alla Devamma. There was a dispute between Alla Devamma and Commissioner, Jagtial Municipality with regard to the construction made by her. Alla Devamma ﬁled O.S.No.256 of 1986 and obtained a decree. When the construction made by Alla Devamma came to be demolished by the Commissioner, Jagtial Municipality she ﬁled O.S.No.69 of 1993 claiming damages of Rs.1,25,000/-. Ultimately, the suit ended in decree on 7-2-2003 for an amount of Rs.95,000/-. The Commissioner, Jagtial Municipality ﬁled an appeal being A.S.No.610 of 2007 and obtained interim stay vide ASMP.No.2191 of 2007 on 17.11.2007. Alla Devamma also initiated contempt proceedings in C.C.No.104 of 1994 which came to be allowed by a Division Bench of this Court on 12-9-1994 imposing a ﬁne of Rs.100/- on the 2nd respondent herein. Things did not rest there. The municipality issued a notice in Roc.No.893/G1/2003, dated 5.12.2007 to the petitioner who got the properties under WILL executed by Alla Devamma. It is stated in the notice that the building is constructed without observing building rules and not leaving set backs and encroaching the road portion upto 60 feet width. The petitioner was asked to remove the encroachments within three days. Hence, the petitioner ﬁled this writ petition with the prayer stated supra. For completion of narration of facts, it is also to be noted that the petitioner ﬁled O.S.No.261 of 2006 on the ﬁle of Junior Civil Judge, Jagtial and obtained interim orders restraining the Commissioner, Jagtial Municipality from interfering with the peaceful possession and enjoyment in respect of the suit schedule property. Notice before admission came to be ordered on 24.12.2007. The respondents entered appearance through a counsel. Heard learned counsel appearing for the petitioner and Sri.N.Subba Reddy, learned senior counsel representing Sri.P.Radha Krishna, learned Standing Counsel appearing on behalf of 3rd respondent. Learned counsel appearing for the petitioner submits that the notice impugned in this writ petition came to be issued with vengeance in view of the success of mother-in-law of the petitioner in a litigation against the Jagtial Municipality. He took me to the sequence of cases wherein the mother-in-law of the petitioner became successful. Sri.N.Subba Reddy, learned senior counsel for the 3rd respondent submits that the petitioner ﬁled a civil suit being O.S.No.261 of 2006 on the ﬁle of Junior Civil Judge, Jagtial and obtained interim orders restraining the Commissioner, Jagtial Municipality from interfering with the peaceful possession and enjoyment in respect of the suit schedule property and as rights of the parties are required to be adjudicated therein, this writ petition deserves to be dismissed. A fact remains that the petitioner has ﬁled a suit and obtained interim orders. In view of the interim orders the respondents cannot demolish the existing constructions of the house owned by the petitioner. Such is the situation, this writ petition is disposed of treating the notice impugned in this writ petition as a show cause notice and permitting the petitioner to submit his explanation/objections including the pleas taken in this writ aﬃdavit to 3rd respondent within two weeks from the date of receipt of a copy of this order and the 3rd respondent shall consider the same and pass appropriate orders within a period of four weeks thereafter. This writ petition is disposed of accordingly. NO costs. 1st August, 2008. (B.Seshasayana Reddy,J) cc in three days. tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY W.P.NO.27564 OF 2007 1ST AUGUST, 2008.