IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 22835 of 2008 Between: S.Venkatesh S/o.Narasaiah R/o.2/163-E, Ramnagar,Rajampet village and Mandal Kadapa District ..... PETITIONER AND The Rajampet Municipality, Rajampet,Kadapa District rep.by its Commissioner .....RESPONDENT 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 an appropriate writ order or direction more particularly one in the nature o writ of mandamus declaring the action of the respondent in issuing notice vide Roc.No.118/2008/G1 dated 23.9.2008 under sections 189,192,336,360 and 361 of the AP Municipalities Act,1965 as arbitrary, illegal, violative of the Fundamental Right guaranteed under Articles, 14 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and in violation of principles of natural justice and consequently direct the respondent not to interfer with petitioner peaceful possession and enjoyment of the propery bearing Door No.2/163-E admeasuring Ac.0.08 cents situate in Sy.No.962/2 Ramangar, Rajampet village and Mandal, Kadapa District and pass Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: MR.S.I.NEWTON The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION 22835 OF 2008 ORDER: 1. This writ petition has been ﬁled by S.Venkatesh assailing the notice vide R.O.C.No.118/2008/G!, dated 23-9- 2008 issued by the Municipality under Sections 189, 192, 336, 360 and 361 of A.P. Municipalities Act 1965. 2. The petitioner claims that he is the absolute owner and possessor of premises bearing No. 2/163-E, Ramnagar, Rajampet village and Mandal, Kadapa District having purchased the same from his father S. Narasaiah who in turn purchased the same from Kosu Sankaraiah under registered sale deed dated 5-2-1990. The respondent- Municipality issued an encroachment notice dated 23-9- 2008 alleging that the petitioner encroached upon an extent of 294 square yards of Government Land and directing him to remove the said encroachment within two days. The said notice is under challenged. 3. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondent- caveator. 4. Learned counsel appearing for the petitioner submits that the petitioner purchased premises in his occupation under registered sale deed and it does not form part and parcel of grave yard alleged to be in survey No. 961( c) of Ramnagar area of Rajampet Municipal limits. 5. Learned standing counsel appearing for the Municipality submits that the petitioner is in occupation of land earmarked as a grave yard. 6. .Indisputably the petitioner is claiming part of the land in Survey NO. 962/2, and whereas the respondent Municipality is claiming Ac. 3-36 cents in Survey No. 961/C. The petitioner asserts that the premises in his occupation has been purchased by him from his father who in turn purchased from Kosu Shankaraiah. 7. In that view of the matter, I deem it appropriate to treat the encroachment notice issued to the petitioner as show cause notice. 8. Accordingly, the petitioner is directed to submit explanation to the encroachment notice within three weeks from the date of receipt of copy of this order. Thereupon the respondent-Municipality shall consider the explanation submitted by the petitioner and pass appropriate orders within two weeks thereafter. There shall be status quo existing as on this day till the objections of the petitioner are disposed of. 9. With the above observation, this writ petition is disposed of. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20th October, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION 22835 OF 2008 20th October, 2008.