IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY, THE ELEVENTH DAY OF NOVEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO: 32266 of 2013 Between:

M.A. Saleem, S/o M.A. Kareem Occ: Government Employee, R/o Gajulpet, Nirmal, Adilabad District.

..... Petitioner AND

1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Hyderabad.

2 The Nirmal Municipality, Nirmal, Rep. by its Commissioner, Nirmal, Adilabad District.

.....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue Writ of Mandamus, declaring the action of the respondents in issuing impugned Proceedings dated 8-11-2013 in demolishing the petitioner's house bearing Nos.5-12-272/2 and 5-12-270/3 situated at Gajulpet, Nirmal Municipality, Adilabad District is illegal, arbitrary and contrary to the provisions of the A.P. Municipalities Act, and violation of Principles of Natural Justice and as well as Fundamental Rights guaranteed under the Constitution of India and set aside the same and consequently direct the respondents not to demolish/interfere the petitioner's house bearing Nos.5-12-272/2 and 5-12-270/3 situated at Gajulpet, Nirmal Municipality, Adilabad District.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri A. Jagan, Advocate for the Petitioner, the learned G.P. for Municipal Administration for Respondent No.1, and Sri D. Bhaskar Reddy, learned Standing Counsel for Respondent No.2, the Court made the following

ORDER:

On behalf of Sri Bhaskar Reddy, Miss Madhuri Swapna accepts notice on behalf of 2^nd respondent – Nirmal Municipality. She seeks two weeks time to file a detailed report containing the following information.

1) As to the date on which the provisional notice under Section

228 of the A.P. Municipalities Act has been served on the petitioner.

2) Measure the deviations resorted to by the petitioner while making constructions and report the said fact.

Till the report is filed into the Court, no demolitions may be resorted to by the municipality.

Post after two (2) weeks in the motion list.

ASSISTANT REGISTRAR //TRUE COPY//

For ASSISTANT REGISTRAR To

1 The Principal Secretary, Municipal Administration and Urban Development, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad.

2 The Commissioner, Nirmal Municipality, Nirmal, Adilabad District.

(Addressees 1 & 2 BY RPAD)

3 One CC to Sri A. Jagan, Advocate (OPUC)

4 Two CCs to the G.P. for Municipal Admn, High Court of A.P., Hyd.

(OUT)

5 One spare copy.

nnr HIGH COURT NRR,J DATED: 11-11-2013 NOTE: Post after two weeks in motion list

ORDER

W.P.NO. 32266 OF 2013 DIRECTION HIGH COURT Nnr Date of Drafting : 11-11-2013 NRR,J DATED: 11-11-2013 NOTE: Post after two weeks in motion list

ORDER

W.P.NO. 32266 OF 2013 DIRECTION