ORDER

The above writ petition is filed seeking the following relief:

“… to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of respondents 3 to 6 in illegal and high handed demolition of the RCC Daba commercial shop R.K. handlooms in an extent of 16-2/3 sq. yds. at D.No.16-24-7/1, 5th Ward, 2nd Block, Moorthi Kondaiah Street, Salipet, Tenali, Guntur District belongs to the petitioner on 19.03.2022 without following due process of law or prior notice or intimation and further not allowing him to enter into his site and construct the boundary wall to his open site after high handed demolition and threatening to dispossess him in arbitrary, illegal, unjust and violative of Articles 14, 19 (1)(g), 21 and 300A of the Constitution of India and consequently direct the respondents 3 and 4 to reconstruct the shop of the petitioner and further direct the respondents 3 to 6 to pay compensation of Rs.50,00,000/- (Rupees fifty lakhs only) for high handed illegal demolition of the petitioners shop towards damages …”

2. a) Averments in the affidavit, in brief, are that the petitioner is the absolute owner of RCC daba commercial shop situated in an extent of 16-2/3 sq. yds. at D.No.16-24- 7/1, 5th Ward, 2nd Block, Moorthi Kondaiah Street, Salipet, Tenali, Guntur District. The petitioner purchased the same under a registered sale deed dated 16.04.1998 bearing document No.875 of 1998 and has been paying property tax to the local authority. The vendor of petitioner obtained building permission for two shops and accordingly constructed shops and later alienated one shop to the petitioner. The 6th respondent is running tailor shop and using easement for his house situated behind the shop of petitioner for his ingress and egress. On 19.03.2022 at 7.00 a.m. the respondents 3 & 4 along with staff came to the shop in the absence of petitioner with machinery and demolished the shop and lifted the debris as if no structure existed. By that time, petitioner came to the shop, the shop was demolished. Petitioner approached the police station, Tenali and complained against respondents 3, 4 & 6, however, 5th respondent refused to receive the complaint.

b) Petitioner approached the respondents 3 and 4 to know the reason, however, respondents refused to reveal the reason. Petitioner made complaint dated 12.04.2022 under RTI to 3rd respondent. Taking advantage of demolition by respondents 3 and 4 at the behest of 5th respondent, 6th respondent attempted to encroach the demolition site. Petitioner filed suit O.S.No.223 of 2022 on the file of Principal Junior Civil Judge, Tenali seeking perpetual injunction and the civil Court granted ad interim injunction in I.A.No.266 of 2022. With the above averments, the writ petition is filed for the relief stated supra.

3. a) Counter affidavit was filed on behalf of 3rd respondent. It was contended, interalia, that 6th respondent submitted complaint on 21.02.2022 to 3rd respondent that the premises belonged to petitioner bearing D.No.16-24-7/1 at Murthy Kondaiah Street, Tenali is in dilapidated condition and may collapse at any moment, which may cause damage to neighbors as well as passers-by and requested to take necessary steps. The officials of the Municipality caused inspection on 24.02.2022 and noticed that subject building bearing D.No.16-24-7/1 was kept under lock and key for several years and due to lack of adequate maintenance, the structure became dilapidated. Notice under Section 231(1) of the A.P. Municipalities Act, 1965 (for short “the Act”) was issued on 24.02.2022 calling upon the petitioner to remove the dilapidated shop room. Petitioner refused to receive the notice and the same was affixed on shutter on 24.02.2022 by way of substitute service as per the provisions of the Act. b) The Deputy Executive Engineer followed by the Assistant Engineer caused mandatory inspection and submitted report on 09.03.2022 stating that said shop room