HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

ORDER

This Writ Petition is filed seeking the following substantive relief:

“to issue a writ of Mandamus declaring the action of respondent No.1 in issuing notices No.02/G1/M.C.J./2014 dated 10.01.2014 to the petitioners, without following any legal procedure, as arbitrary, illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently, to set aside the said notices.”

2. Heard Sri G.Madhusudhan Reddy, learned counsel for the petitioners, Sri Putta Krishna Reddy, learned Standing Counsel for respondent No.1 and learned Assistant Government Pleader for Revenue appearing for respondent Nos.2 and 3.

3. Learned counsel for the petitioners submitted that the petitioners are owners and possessors of their respective houses situated at Market Road, Jagtial, Karimnagar District; that earlier, the road leading from Tahsil Chowrastha to Clock Tower Circle, Jagtial, was widened from 18 feet to 40 feet and the petitioners have voluntarily removed the structures raised by them without taking any compensation for such road widening. Learned counsel further submitted that again, respondent No.1 issued the impugned notices stating that as per the Master Plan, the width of the said road is 45 feet and therefore, the structures raised by the petitioners are illegal encroachments and hence, directed the petitioners to remove the illegal structures within a period of seven days, failing which, action will be taken under Sections 192 and 194 of the Andhra Pradesh Municipalities Act, 1965.

3.1. Learned counsel further submitted that in response to the impugned notices, dated 10.01.2014, the petitioners have submitted their individual replies, dated 18.01.2014, stating that they have not made any unauthorized constructions by encroaching the road and requested the respondents to withdraw the notices. He further submitted that the respondents, without considering the replies submitted by the petitioners, are making attempts to demolish the structures and hence, aggrieved by the same, the petitioners filed the present Writ Petition.

3.2. Learned counsel for petitioners further submitted that Section 192(1) (a) of the Andhra Pradesh Municipalities Act, 1965, enables the Commissioner to remove any encroachment over any street; and as per Section 192(2) of the said Act, if the occupier of the premises proves that the encroachment had existed for a period sufficient, under the law of limitation, to give any person a prescriptive title thereto; or that it was erected or made with the permission or license of any municipal authority duly empowered in that behalf, the council shall make reasonable compensation to every person who suffers damage by removal or alteration of the same.

3.3. Learned counsel for petitioners further submitted that the petitioners have raised structures by duly obtaining permission from Municipality, much prior to approval of Master Plan and as such, the structures raised by petitioners are not illegal structures made by encroaching the road. In any event, the respondents have to follow the provisions of the Municipalities Act, 1965, particularly Sections 192(1) and 192(2) thereof before taking any steps for removal/demolition of subject structures raised by the petitioners.

4. On the other hand, learned Standing Counsel for respondent No.1 submitted that the respondents would consider the individual replies submitted by the petitioners and pass orders, and thereafter, take steps in accordance with the A.P. Municipalities Act 1965, and prayed to grant reasonable time to consider the replies submitted by the petitioners to the impugned notices and to pass orders thereof.

5. Considering the submissions made by the learned counsel for the petitioners as well as the learned Standing Counsel for respondent No.1, this Writ Petition is disposed of with a direction to respondent No.1 to consider the individual replies submitted by the petitioners and pass appropriate or