Kijakkail Mohammad, v. The District Collector,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.8720 OF 2013

O R D E R

Challenge in this writ petition was to the action of the Mangalagiri Municipality in making markings to demolish the petitioner's property. A declaration was also sought that the notice dated 06.03.2013 requiring the petitioner to demolish the alleged encroachments within a timeframe was illegal. By order dated 22.03.2013, this Court directed the respondent Municipality not to demolish the subject property without following the due procedure laid down by law. Despite the lapse of over three years, the respondent Municipality did not choose to file a counter-affidavit. In that view of the matter, the writ petition is disposed of directing the second respondent Municipality not to take recourse to any demolition without following the due procedure laid down by law and without giving an opportunity of hearing to the petitioner in relation to the alleged illegality of the subject construction. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ______________________ SANJAY KUMAR, J 23rd SEPTEMBER, 2016 PGS