HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28145 of 2009 Dated: 18-01-2010 Between: Chapa Chandra Rao & others. … Petitioners And Vizianagaram Municipality, rep. by its Commissioner. … Respondent HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.28145 of 2009 ORDER: This writ petition is filed, seeking a Writ of Mandamus, declaring the notices, dated 7th December 2009, issued to the petitioners by the respondent-Municipality, as illegal. 2. By the aforesaid notices, petitioners were directed to remove the Buddies/tin sheds erected by them towards Southern side of the R&B Bungalow near Rythu bazaar, on the road margin, in the Municipal limits of Vizianagaram Municipality. 3. It is the case of the petitioners that the said erections were made several years back and such constructions are not on road margin and that there is no inconvenience to the public in general. However, on instructions, it is submitted by the learned Standing Counsel appearing for the respondent- Municipality that the petitioners have encroached into the Municipal site in T.S.No.658/B2 of Contonment Ward, which is classified as a road abutting to the Rythu bazaar. It is stated that due to such illegal erections, there is obstruction to the public and vehicular traffic. 4. A perusal of the impugned notices shows that there is no indication of any prior notice and opportunity, before issuing such notices for removal of sheds. Though it is submitted on behalf of petitioners that they did not occupy the road margin, but however, such aspect cannot be gone into by this Court in this writ petition filed under Article 226 of the Constitution of India. If the petitioners are having any objections for removal of the structures in question, they can putforth their objections before the competent authority. 5. As much as it is stated that the existence of such structures is causing inconvenience to the public in general and the vehicular traffic also, I dispose of the writ petition, permitting the petitioners to putforth their objections before the respondent-Municipality within a period of six weeks from today. On filing such objections, respondent shall consider the same and take further steps only after communication of the orders to be passed on the objections raised by the petitioners. Till such appropriate orders are passed for taking further steps, petitioners shall not be evicted. 6. Subject to above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th January 2010 ajr