N. Ananda Kishore v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No.25000 of 2017 ORDER:

The case of the petitioner that he was issued notice dated 23-05-2017 under Section 192 read with Section 385 of A.P. Municipalities Act directing the petitioner to remove the compound wall without prior notice.

Learned counsel for the petitioner submits that the petitioner has constructed compound wall in order to protect his property from land grabbers and he has not encroached any road margin. Though the petitioner filed explanation, without considering the same the respondents are trying to demolish the compound wall.

Learned Standing Counsel appearing for the 2nd respondent submits that there is no acknowledgment filed by the petitioner submitting his explanation. He submits that if the petitioner files explanation to the impugned notice, the same will be considered and thereafter necessary action will be initiated.

In view of the same, it is open for the petitioner to file one more copy of explanation to the impugned notice dated 23-05-2017 within a period of 2 weeks from today and on such submission, the 2nd respondent is directed to pass orders after affording opportunity of hearing to the petitioner. If the petitioner fails to file explanation within 2 weeks from today, it is open for the respondents to take appropriate

action in accordance with law in pursuance to the notice dated 23-05-2017. Till such orders are passed, there shall be stay of demolition and the petitioner also shall not make any further constructions.

Accordingly, the writ petition is disposed of. The petitioners shall not be dispossessed without following due process of law. As a sequel to the disposal of the writ petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 27-07-2017 Note: Issue CC by Monday.

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