P.Bapu Rao, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.14571 of 2012 ORDER:

Heard the learned counsel for petitioner, and the Standing Counsel for the respondents.

The petitioner states that he gave his building on lease to M/s. New Life Emergency and Multispeciality Hospital in the premises bearing Flat F-204, H.No.10-3-63 situated at Venkata Tulasi Towers, Burhanpuram, Khammam Town. The said Hospital was established on 12.06.2009. When respondent No.2 issued a notice on 13.01.2012 threatening to demolish the structures on the ground that the said structures were raised without any permission from the Khammam Municipal Council, the present writ petition was filed.

This Court, by order dated 16.05.2012, directed both the parties to maintain status quo. No counter affidavit is filed till today.

A perusal of the impugned notice dated 13.01.2012 shows that the stilt/cellar floors for parking was converted into shops and the parking area is being misused. The petitioner was asked to restore the parking area and the said notice was issued pursuant to the orders passed by this Court in W.P.No.15591 of 2006 dated 02.03.2007 and

ARLR, J W.P. No.14571 of 2012 26.06.2007 and the note orders of the District Collector dated 06.01.2012. The petitioner was asked to submit his explanation, but the petitioner rushed to this Court and this Court passed an order of status quo.

Since the impugned notice is a notice asking the petitioner to submit his explanation, liberty is given to the petitioner to submit his explanation, to the notice dated 13.01.2012, to respondent No.2 within two (2) weeks from the date of receipt of a copy of this order. On receipt of the same, respondent No.2 shall take appropriate action in accordance with law.

Accordingly, this Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ A.RAMALINGESWARA RAO, J 18.10.2016 MVA