C. Ganesh, v. The State Of Andhra Pradesh, Rep. By Its Secretary,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1536 of 2016 Date:20.01.2016 Between:

C.Ganesh, S/o C.Balaiah and 27 others.

..... Petitioners And:

State of A.P., reptd by its Principal Secretary, Municipal Admn. & Urban Development, Hyderabad and two others.

.....Respondents Counsel for the Petitioner: Mr. M.V.Pratap Kumar Counsel for Respondent No.1: AGP for Municipal Admn. (AP) Counsel for Respondent No.3: AGP for Revenue (AP) The Court made the following:

ORDER:

The action of respondent No.2 in proposing to remove the respective properties of the petitioners at Tilak Road and Gandhi Bazar, Anantapur is assailed in this Writ Petition.

The petitioners pleaded that they are the owners of their respective properties situated at Tilak Road and Gandhi bazaar, Anantapur, as the case may be, and have been running shops therein; that in pursuance of the proposals for road widening, the State Government has

sanctioned funds; that on 14.01.2016, that the staff of Anantapur Municipal Corporation including the Town Planning Assistant City Planner-II and the Town Planning Officer visited Tilak Road and Gandhi bazaar for measurement of all the shops for the purpose of road widening; and that they are planning to demolish the petitioners' properties without following due process of law.

At the hearing, Mr. S.D.Goud, learned Standing Counsel for respondent No.2-Municipal Corporation, submitted that as against the 40 feet width of Tilak Road and Gandhi bazaar, the encroachers have occupied to an extent of 20 feet and raised constructions and that, in order to identify these encroachments, with a view to restore the public road, the staff of respondent No.2 have visited the site and taken the measurements. Though initially, he has advanced the submission that under Section-405 of the Greater Hyderabad Municipal Corporation Act, 1955, respondent No.2 is not under obligation to issue a notice before removing the alleged encroachments, he has, however, finally agreed that in the event, respondent No.2 finds that the existing roads, viz., Tilak Road and Gandhi bazaar, Anantapur have been encroached by the petitioners or any one else, it will issue show cause notices to all of them and after considering their explanations, if any submitted, it will pass an appropriate order before removing the alleged encroachments.

In the light of the above submissions of the learned Standing Counsel, which are placed on record, no further adjudication of the Writ Petition is necessary. The Writ Petition is, accordingly, disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.1928 of 2016 shall stand disposed of as infructuous.

____________________________ JUSTICE C.V.NAGARJUNA

REDDY 20th January, 2016 DR