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High Court for State of TelanganaWP/212/2017disposed of no costs

1. Debbadi Channamallappa, S/O. Late D. Gangappa, v. The State Of Andhra Pradesh,

2017-01-24Challa Kodanda Ram2 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 212 OF 2017 O R D E R :

Challenging the action of the 2nd respondent-Rayadurg Municipality in attempting to demolish the structures in premises bearing Door Nos. 11-1-27 and 11-1-18 situated near Tower Clock, Rayadurg Town, Anantapur District, the petitioners have approached this court by this Writ Petition.

It is the case of the petitioners that for the purpose of road widening, the 2nd respondent authorities have marked some portion of their houses, to be demolished.

Learned counsel for the petitioners submits that the petitioners have constructed the building on their own land and that they have not occupied the public road. The learned counsel also submits that the 2nd respondent has not issued any notice to the petitioners, thereby violating the principles of natural justice. Learned Standing Counsel Sri Mohd. Saleem submits that the 2nd respondent would now serve a notice of their intention on the petitioners.

In view of the submissions made on either side, the 2nd respondent - Municipality is directed to issue the petitioners a notice within fifteen days from today, for which, the latter shall submit their explanation within fifteen days thereafter. Upon receipt of the explanation, within a fortnight period, the same shall be considered and appropriate orders be passed thereon by the 2nd respondent. Till passing of appropriate orders on the explanation

submitted by the petitioners, status quo in all respects be maintained by both the parties.

With the above direction, the Writ Petition is disposed of. Consequently, the miscellaneous Applications, if any shall also stand closed.

____________________________ CHALLA KODANDA RAM, J 24th January 2017 ksld