IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15535 of 2009 Between: 1 R.Rajakrishna S/o.Narayanappa R/o.D.No.14/645, R F Road, Dharmavaram, Ananthapur District. 2 J.Siddappa S/o.Siddappa R/o.D.No.14/644, R F Road, Dharmavaram, Ananthapur District. 3 S.Mohan Gupta S/o.Venkatanarayana R/o.D.No.13/582, R F Road, Dharmavaram, Ananthapur District. 4 V.Narayana Murthy S/o.Ramaiah Setty R/o.D.No.13/581, R F Road, Dharmavaram, Ananthapur District. 5 Bugga Nagaraju S/o.Peddanna R/o.D.No.14/663 & 664, R F Road, Dharmavaram, Ananthapur District. 6 D.Nagaraju S/o.Satyanarayana R/o.D.No.14/667, R F Road, Dharmavaram, Ananthapur District. 7 K.Venkata Chalapathi S/o.Chidambaraiah R/o.D.No.14/669, R F Road, Dharmavaram, Ananthapur District. 8 S.Rushingappa S/o.Peddanna R/o.D.No.14/655, R F Road, Dharmavaram, Ananthapur District. 9 S.Adeppa Setty S/o.Narasimha Murthy R/o.D.No.14/665, R F Road, Dharmavaram, Ananthapur District. 10 A.Sudhakar S/o.Sankaraiah R/o.D.No.14/657, R F Road, Dharmavaram, Ananthapur District. 11 P.Chowdamma W/o.Venkataramaiah R/o.D.No.13/575, R F Road, Dharmavaram, Ananthapur District. 12 P.Vijaya Kumar S/o.Krishna Murthy R/o.D.No.14/650 & 651, R F Road, Dharmavaram, Ananthapur District. ..... PETITIONER(S) AND 1 Dharmavaram Municipality, Dharmavaram, Anantapur District, represented by its Commissioner. 2 The District Collector, Anantapur District at Anantapur. 3 The Executive Engineer, R & B, Dharmavaram, Anantapur 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 issue a Writ of Mandamus or any other appropriate writ or Writs, order or direction, declaring the action of the Respondents in seeking to demolish the properties of the petitioners bearing D.Nos. 14/645, 14/644, 13/582, 13/581, 14/663 & 664, 14/667, 14/669, 14/655, 14/665, 14/657, 13/575 and 14/650 & 651 respectively in Sy. Nos. 486 & 487 situated at R F Road, Dharmavaram, Anantapur District, as otherwise than in due process of law and without initiating any acquisition proceedings under Land Acquisition Act, as illegal, arbitrary, without jurisdiction, violative of principles of natural justice, violative of Arts. 14, 21 & 300-A of Constitution of India and contrary to the provisions contained in Sections 175 (ii) and 192 (2) of A.P. Municipalities Act, 1965; Award costs. Counsel for the Petitioners :MR. S.SUDEEP REDDY Counsel for the Respondents : MR. S.I.NEWTON The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15535 of 2009 ORDER : This writ petition is filed seeking a declaration that the notice dated 24.7.2009 issued by the 1st respondent Municipality calling upon the petitioners to remove the structures/buildings situated in Sy.Nos.486 & 487 at R.F. Road, Dharmavaram, Anantapur District within seven (7) days alleging that the unauthorized and illegal encroachments by the petitioners as arbitrary and illegal. While denying the allegations made by the 1st respondent Municipality, the petitioners got issued a detailed explanation through their Advocate on 26.7.2009. Since the said explanation has not been considered by the 1st respondent Municipality and in the meanwhile steps are being taken for removal/demolition of the structures in question, the present writ petition is filed. I have heard the learned counsel for the petitioners and Sri S.I. Newton, the learned Standing Counsel appearing for the 1st respondent Municipality. Having regard to the undisputed fact that the petitioners are disputing the allegations made by the 1st respondent and a detailed explanation has already been submitted on 26.7.2009, the writ petition is disposed of with a direction to the 1st respondent to consider the various objections raised by the petitioners in their reply notice/explanation dated 26.7.2009 and pass appropriate orders in accordance with law. Till such time, there shall not be any demolition of the structures in question pursuant to the impugned notices dated 24.7.2009. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI,J. Dt. 30.07.2009 gbs