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2015 Supreme(AP) 859

C.V.NAGARJUNA REDDY
Shafiya Begum – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For Appearing Parties: N. Jayasurya, AGP and Md. Saleem, SC, AGP, Counsel

ORDER :

C.V. Nagarjuna Reddy, J.

1. The petitioners in these three writ petitions have common grievance viz., that respondent No. 2 has issued three separate but identical notices, dated 6.11.2015, directing them to remove the shops constructed by them in Survey No. 1964 of Atmakuru Village. The only ground on which the petitioners have questioned the impugned notices is that before issuing them, respondent No. 2 has not given them an opportunity to show-cause why the shops shall not be removed.

2. Mr. Md. Saleem, learned Standing Counsel for Municipalities appearing for respondent No. 2 submitted that before issuing the impugned notices, survey was done by the Revenue Department, which revealed that the petitioners have constructed the shops over the land belonging to Atmakur Municipality and that Section 192 of the Andhra Pradesh Municipalities Act, 1965 (for short 'the Act'), does not stipulate issue of show-cause notice.

3. Section 192 of the Act reads as under:

"Removal of encroachments:--(1) The Commissioner may cause to be removed or altered--

(a) any projection, encroachment or obstruction (other than a door, or gate or a necessary access thereto, or bar or ground floor windows)














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