ORDER:

Heard Sri Kata Sambasiva Rao, learned counsel for the petitioner and Sri N.Ranga Reddy, learned Standing Counsel for 1st respondent-Municipality.

2. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- nature of Writ of Mandamus declaring the action of the 1st respondent and his staff in demolishing the compound wall of the petitioner’s shop and also trying to demolish the remaining portion of the Shop which was running under the name and style of M/s. Sharan Harani Ice Cream Parlor in bearing D.No.4-2-141/A, D.B.Colony, Lepakshi Main Road, Hindupur Town, Ananthapur District, without initiating any procedure under the Act, as illegal, arbitrary, against the principles of natural justice and violation of Article 300A of the Constitution of India and consequently direct the respondent not to restore the shop of the petitioner and not to interfere/demolish the remaining portion of the Shop bearing D.No.4-2-141/A, D.B.Colony, Lepakshi Main Road, Hindupur Town, Ananthapur District and pass such other orders….=.

3. The brief facts of the case are that the 2nd respondent has granted a house site patta in Sy.No.130 to an extent of Ac.03-9 cents or 35x50 sq. yards situated at D.No.4-2-141/A, D.B.Colony, Hindupur vide proceedings No.HS/Dis/9/1402, dated 18.10.1992 in favour of the petitioner. Since the date of assignment, the petitioner has been in peaceful possession and enjoyment of the said site by raising a hut and is doing business in it. Subsequently, the petitioner established an Ice Cream Shop namely M/s. Sharan Harani Ice Cream Parlor by investing huge amounts. While the things stood thus, on 20.06.2010, the 1st respondent came to the petitioner’s shop and tried to demolish the same without following the due procedure. Again on 21.06.2010, the authorities of the 1st respondent came to the shop and demolished the compound wall of the shop without any notice or affording any opportunity. Challenging the highhanded action of the 1st respondent, the present Writ Petition is filed.

4. On 22.06.2010, while ordering notice before admission, this Court granted interim stay of any further demolition of the shop, until further orders.

5. The 1st respondent filed his counter, stating that the petitioner has encroached the R & B road margin, Lepakshi main road, Hindupur, which is classified as R & B road margin and the patta granted in favour of the petitioner is a bogus patta as no patta was granted by the 2nd respondent in favour of the petitioner. It is further stated that the 1st respondent has not given any D&O Trade licence to the petitioner. On 15.06.2010, the 1st respondent- Municipality has noticed certain encroachments and on instructions, the authorities of 1st respondent directed the petitioner not to erect the shops on the R&B road margin. Despite the direction given by the 1st respondent for removal of said unauthorized encroachment, the petitioner has not removed the same. On instructions, the Town Planning staff removed the compound wall. Later, the petitioner came to the spot and requested the town planning staff two days time for removing the remaining portion of the structures, but failed to do so. No door number has been allotted to the petitioner’s site. Taking advantage of the interim order dated 22.06.2010, the petitioner erected four more shop rooms in addition to the old demolished structure. Hence, he sought for dismissal of the writ petition.

6. After going through the contents of the 1st respondent, admittedly, it proves that the 1st respondent has failed to issue any notice to the petitioner before demolishing the structures.

7. Having regard to the facts and circumstances of the case and considering the submissions of both the counsel, this Court is of the view to dispose of this writ petition directing the 1st respondent to follow the due process of law, if at all, the 1st respondent intends to initiate any steps for demolition, by duly iss