THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 32198 OF 2011 ORDER : 1. This Writ Petition is ﬁled seeking to issue a writ of mandamus declaring notice in ROC No.enc/16/2011, dated 3.12.2011 issued by the respondent directing the petitioners to remove alleged illegal encroachments within 24 hours as illegal and arbitrary and consequently set aside the same. 2. It is the case of the petitioners that they are owners and possessors of premises bearing No.1-3- 182 admeasuring 61.64 square yards situated at No.2, Basthi, Yellandu Village & Mandal of Khammam District having purchased the same under registered sale deed, and that they obtained no objection certiﬁcate on 3.5.2011 from the Tahsildar for construction of new houses and thereafter obtained permission from the respondent municipality on 2.6.2011 and constructed the house. While the matter stood thus, the respondent issued the impugned notice directing the petitioners to remove the alleged illegal encroachment of RCC room on existing road margin giving 24 hours time. Challenging the same, the present Writ Petition is filed. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondent. 4. Learned counsel for the petitioner contended that without issuing any prior notice, the impugned notice has been issued to remove the alleged encroachment and that the petitioners are owners of the premises in question having purchased the same under registered sale deed and that after obtaining permission from the respondent municipality on 2.6.2011, they are making constructions and that there are no encroachments, and therefore, he prays to set aside the impugned order. 5. On the other hand, the learned standing counsel appearing for the respondent contended that since the petitioners made illegal constructions, the respondent municipality issued the impugned notice, and there are no grounds to interfere with the same. 6. Case of the petitioners is that they are making constructions in accordance with the sanctioned plan. If really the petitioners encroached the road margin, as alleged in the notice impugned, the municipality ought to have issued a notice calling for his explanation. Admittedly, no such notice is given calling for explanation of the petitioner. Therefore, the impugned notice can be treated as a notice under Section 227 of the A.P. Municipalities Act, 1965 and the petitioner shall give explanation to the said notice within 10 days from the date of receipt of a copy of this order. Thereafter, appropriate decision has to be taken by the municipality in accordance with law. Till such order is passed, building in question shall not be demolished. 7. Accordingly, the writ petition is disposed of. No costs. ------------------- (K.C.Bhanu, J) 07.12.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 32198 OF 2011 07.12.2011