IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24103 of 2008 Between: 1 Gunturu Narayana Raju S/o. Late Venkata Rama Raju R/o. D.No.3-23-7, 5th Ward, Subba Rao Peta, Tadepalligudem, West Godavari District. 2 Gunturu Appala Raju S/o. Late Venkata Rama Raju R/o. D.No.3-23-7, 5th Ward, Subba Rao Peta, Tadepalligudem, West Godavari District. ..... PETITIONER(S) AND The Commissioner Tadepalligudem Muncipality Tadepalligudem, West Godavari District. .....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, direction or order, more particularly one in the nature of Writ of Mandamus declaring the acts of the respondent in attempting to demolition of the structures covered by D.No.3-23-7, Ward No.5, Subba Rao Peta, Tadepalligudem, west Godavari District, without issuing any prior notice and without conducting any enquiry and without passing any order, as opposed to Law, arbitrary, unjust, malaﬁde and against the Principles of Natural Justice and against Constitutional guarantee and to consequently direct the respondents not to demolish the structures without giving an opportunity of being heard and without following due process of law. Counsel for the Petitioner:MR.K.JYOTHI PRASAD Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24103 OF 2008 ORDER: 1. This writ petition has been ﬁled by the petitioners who are two in number assailing the notice issued under Sections 192, 193, 360 and 361 of A.P. Municipalities Act by the respondent. 2. The petitioners claimed to be the absolute owners and possessors of house bearing House No. 3-23-7, Subbaraopeta, Tadepalligudem, West Godavari District. It is the contention of the petitioners that their father purchased the house under a registered sale deeds dated 15-12-1978. While so, the respondent issued a notice under Sections 192,193, 360 and 361 of the A.P. Municipalities Act directing them to remove the toilets constructed by them. The notice served on the petitioner reads as hereunder. “ You have made encroachments in the schedule given below by encroaching in to the public road. The said encroachment is objectionable remove the same within 7 days from the date of receipt of this notice. Failing which the same would be removed without any further notice by the staﬀ of the oﬃce and the expenses occurred there fore will be claimed from as per section 361 (1)of A.P. Municipalities Act. “ 3. The notice dated 27-10-2008 is under challenge in this writ petition. 4. When the writ petition came up for admission, Sri S. Nageswara Reddy, learned standing counsel of Tadepalligudem Municpality received notice on behalf of the respondent. 5. Heard learned counsel appearing for the petitioners and learned standing counsel appearing for the respondent. 6. Learned counsel appearing for the petitioners submits that the petitioners constructed toilets in the property owned by them and therefore, they have not made encroachment on the road portion. Learned counsel tried to substantiate his contention by placing reliance on the photographs of the petitioner’s house. 7. The question whether the petitioners encroached on the road portion or not is required to be examined by the respondent-Municipality. 8. In that view of the matter, this writ petition is disposed of directing the petitioners to submit explanation to the notice dated 27-10-2008 issued by the respondent within two weeks and the respondent shall consider the objections and pass appropriate orders. Till disposal of the objections ﬁled by the petitioners, there shall be status quo existing as on this day with regard to the toilets allegedly constructed by the petitioners. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 4th November, 2008. KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 24103 OF 2008 4th November, 2008.