ORDER:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2nd respondent.

2. The grievance of the writ petitioner is that, the 2nd respondent issued the impugned proceedings vide Roc.No.542982/2023/G1 dated 18.03.2023 directing the petitioner to remove the building house bearing D.No.21/218/13 & 14 within 21 days from the date of receipt of the impugned order on the ground that, it was constructed in a Municipal Reserved open space of approved layout TP.No.49/79 in Survey No.82/B of Vengalapuram Village.

3. The learned counsel for the petitioner submits that, the petitioner purchased the open site in the year, 1996 from Mr. N. Mohammad Jahirul Islam vide Document No.57 of 1996 dated 06.01.1996 adjoining to the TP.No.49/1979. The petitioner took approval from the 2nd respondent for the construction of ground floor on 10.09.1996 and he constructed the building with D.No.21/218/13. The petitioner is also paying regularly the house tax. Similarly, for the first floor construction also, the 2nd respondent- Corporation gave approved plan dated 11.01.2011. Accordingly, the petitioner constructed the first floor over the said building. For the last 27 years, the petitioner is in peaceful possession and enjoyment of the said building. While so, suddenly, the petitioner gave encroachment notice dated 12.01.2023 under Sections 189, 192, 193 & 194 of Andhra Pradesh Municipalities Act, 1965. Questioning the same, the petitioner filed W.P.No.4670 of 2023 which was disposed off vide order dated 24.02.2023 directing the petitioner to submit the explanation to the said encroachment notice. On receipt of the same, the respondent therein was directed to consider in accordance with law. Till disposal of the same, there was a condition not to take any coercive steps with respect to the said building. Consequently, the petitioner submitted his explanation dated 04.03.2023 through his lawyer and the said explanation was said to have been examined and rejected with the following reasons as mentioned in the impugned proceedings of the 2nd respondent dated 18.03.2023.

1. The site which was adversely got registered by the petitioner is a municipal reserved open space of approved layout TP.No.49/79 in Sy.No.82/B of Vengalapuram (V).

2. The layout in TP.No.49/79 was approved by the Director of Town & Country Planning, A.P..

3. Further, i submit that the Government of Andhra Pradesh, vide G.O.Rt.114 Municipal Adminstration and Urban Devlopemtn (MI) dt:14.03.2006 has amended the Andhra Pradesh Municipalities (layout) Rules, 1970 for the Rule 14 of the layout rules the following the rule shall be substituted namely.

“All the roads and open spaces such as parks and play grounds earmarked in accordance with these rules in a layout which is approved under sub-section 185 shall automatically stand transferred free of cost and vest with the municipal council, free from all encumbrances. After such vesting the Municipality shall main all such open spaces for the purposes of which they have been earmarked’.

Though the open site of layout TP.No.49/79 was not handed over to the municipality through registered gift deed, the open space is vest with the Adoni Municipal council as per the above Government Order (G.O. Copy Enclosed).

4. The petitioner property is located in Sy.No.82B of Vengalapuram (V) which is falling in the municipal reserved open space of TP.No.49/79.

5. The assessment of property Tax/House tax does not claim rights of the property. The Municipality levy property tax to each and every structure in the sites as per APM act 1965.

6. The permanent injection in OS.No.234/2002, dt:19.02.2004 is not attracted to the petitioner.

7. The Municipality will take necessary action for vacation of permanent injection OS.No.234/2002, dt:19.02.2004.

8. By over site the building plans were granted by the Department.

9. Petitioner is well aware that it is a municipal reserved layout open site of TP.No.49/79.

4. Aggrieved by the said impugned orde