APHC010022362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458]

(Special Original Jurisdiction)

FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1182/2025 Between:

Smt. Shaik Shameem, and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. G L NAGESWAR RAO Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:

ORDER:-

Heard Sri G.L.Nageswar Rao, learned counsel for the petitioners and Sri A.S.C.Bose, learned Standing Counsel for Municipal Corporation appearing for the 2^nd to 5^th respondents.

2. Challenging the action of the respondents in interfering with the construction of a house over the plot of 240 Sq.Yds bearing Plot No.14, D.No.15-122/1, situated in Sy.No.123/2 of Banta Colony, Pendurthi Village and Mandal, Visakhapatnam, the present writ petition is filed.

3. Learned counsel for the petitioners contends that the petitioners had never been served with any notice under the provisions of Andhra Pradesh Municipalities Act, 1965, prior to the impugned action of the respondents.

4. The learned Standing Counsel appearing for the Corporation, on instructions, would submit that the petitioner obtained plan approval on 27.03.2024, in deviation from the plan approved, constructed the building, encroaching the road widening area. Therefore, notices were issued on 06.05.2024 and 12.06.2024, and immediate action was taken to remove the decking column on 27.07.2024. Thereafter, complaints were received by the Corporation against the petitioners. Therefore, two columns and staircase portions constructed on the road widening portion were removed on

17.12.2024.

5. Learned counsel for the petitioners contends that any action taken for the demolition of the subject property without issuing show cause notice to the petitioners is against the principles of natural justice and prays for allowing the writ petition.

6. The sole contention of the petitioners is that the respondent Corporation cannot proceed with demolition of the property without putting the petitioner on notice. Having regard to the contentions advanced, this Court is of the considered view that the petitioners are at liberty to file objections to the notices dated 06.05.2024 and 12.06.2024. The petitioners are granted liberty to file objections to the show cause notices within a period of two (2) weeks from today. On the filing of such objections, the respondents shall dispose of the same in accordance with law within three (3) weeks thereafter, after giving due opportunity to the petitioners. Till such time, no further demolitions can be carried out over the subject property.

7. With the above observations, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, interlocutory applications, pending if any, shall stand closed.

____________________________________ JUSTICE KIRANMAYEE MANDAVA Date:10.01.2025 ANI THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No.1182 of 2025 Date:10.01.2025 ANI