: ORDER :

Heard Sri B.Chinnapa Reddy learned counsel for the petitioner and Sri C.Abhishek, learned counsel appearing for respondent No.2.

2. The above writ petition is filed to declare the action of respondents in encroaching and making constructions in D.No.1-201 in Ward No.1 of Piduguralla Town without following due process, as illegal and arbitrary.

3. (a) In the affidavit, it was contended, inter alia, that the petitioner along with three persons purchased the property bearing D.No.101 of 1st Ward of Piduguralla Village under registered sale deed dated 26.06.1987. The petitioner and others demolished the structure and constructed four mulgis. The local authority assessed the structure to tax with assessment No.344 by assigning D.No.1-201 of Piduguralla Town. The petitioner is doing hotel business in the mulgi.

(b) Be that as it may, the 4th respondent-Commissioner of the 2nd respondent highhandedly removed the iron shutter on 10.06.2013. The authority blocked the way and later converted the mulgi into public toilet and started making construction. Thus, the writ petition.

4. This Court, while admitting the writ petition on 14.06.2013, granted interim order in W.P.M.P.No.20411 of

2014.

5. Counter-affidavit was filed on behalf of the 1st respondent. It was contended, inter alia, that the petitioner and others occupied and constructed four mulgis in R & B road margin of State Highway Road i.e., Addanki-Narkatpalli Road. The petitioner’s mulgi is the second one from the two roads junction. The Municipality proposed to construct public toilets in the location by getting Council resolution No.95, dated 31.12.2009. In view of the public interest, the municipality accepted the proposal of M/s Kriti Sanitation Social Service Organization to construct public toilets on BOT basis. The council in its resolution No.70, dated 09.08.2012 resolved to construct public toilets at 1) Guntur Bus Stop, Main road, 2) By the side of MPP School (Gunta School), Janapadu road and 3) By the side of Police Station building, Pillutla road margin and accepted the quotation of M/s Kriti Sanitation Social service Organization. The municipality has taken permission from the R & B Department for construction of public toilet vide letter dated 27.05.2013 from the Assistant Engineer, R&B Section, Piduguralla at the location. (However, such a letter was not filed as mandated under Writ Rules 6(a)(1)). As per the instructions of the Assistant Engineer, public toilets were constructed in 1 and 2 mulgis i.e. the property occupied by the petitioners and the others in R & B road margin duly altering the existing structure by arranging internal walls. The 1st respondent municipality got power to remove the illegal constructions on the road margin. But the municipal authorities converted the existing structure of the petitioner for construction of public toilets. By the time the order was communicated, the respondents completed the construction of toilets. Thereafter, a letter was addressed to the Tahsildar, Piduguralla to depute Mandal Surveyor for conducting survey and to identify the encroachments. Accordingly, the Mandal Surveyor visited the petitioner’s site, and it was mentioned that the encroachment was nearly 9 feet depth in North-East corner. In fact, the toilets were also constructed in the adjacent mulgi, belonged to another person in an encroachment area on R & B road, and it is not objected. Eventually, prayed to dismiss the writ petition.

6. Rejoinder was filed by the petitioner reiterating the averments in the affidavit. Along with the rejoinder, the petitioner filed information obtained from the Appellate Authority-cum-Municipal Commissioner under Right to Information Act, 2005.

7. The points for consideration are:

1) Whether the respondent authorities issued notice before dispossessing the petitioner from the premises/mulgi i.e.D.No.1-201?

2) Whether the act of respondents is in violation of principles of natural justice and Art 300-A of the Constitution of