Muvvala Naga Ratnamma v. The State Of Andhra Pradesh,

HONB'E SRI JUSTICE CHALLA KODANDARAM WRIT PETITION No.5615 OF 2017 ORDER:

The writ petition is filed challenging the action of the 2nd respondent in threatening to demolish the basement without passing any orders on the explanation dated 14.02.2017 submitted by the petitioner to the show cause notice dated 13.02.2017. Even as per the writ affidavit averments, the petitioner is the absolute owner and possessor of the property admeasuring 544 6/9 sq. yards situated at 7th Block, Burripalem Road, Tenali Town, Guntur District and surprisingly the 2nd respondent had issued a notice dated 13.02.2017 alleging that the petitioner constructed the building without any permission and directed her to submit the explanation. Thereafter, the petitioner submitted her explanation on 14.2.

2017, but the respondents even without passing any orders on the explanation of the petitioner, making efforts to demolish the constructions of the petitioner. Hence, the writ petition. The contention of the learned counsel for the petitioner is that the petitioner had submitted her explanation on 14.02.2017 and without considering the same and without passing any orders, the respondents are making efforts to proceed with the demolition of the building of the petitioner.

Learned standing counsel opposes the writ petition. Having considered the submissions made at the bar and considering the submission made by the learned counsel for the petitioner that the respondents did not consider the explanation/representation of the petitioner dated 14.02.2017, the writ petition is disposed of directing the respondent-authorities to

consider and pass appropriate orders on the explanation/representation dated 14.02.2017 of the petitioner, in accordance with law, within a period of two weeks from the date of receipt of copy of the order. Till then, the respondent-authorities shall not take any coercive steps towards demolition of the building of the petitioner. It is made clear that the petitioner shall not make any further constructions in the meanwhile. It is also made clear that if there are any constructions made by the petitioner by encroaching the Municipal land or Government land, the respondent-authorities are at liberty to demolish the same.

With the above observations, the writ petition is disposed of. No order as to costs.

Miscellaneous petitions, if any pending in this writ petition shall stand closed.

____________________________ CHALLA KODANDA RAM,J Date:17.02.2017, Note:

Issue CC forthwith.

B/o.

Gk.

HONB'E SRI JUSTICE CHALLA KODANDARAM WRIT PETITION No.5615 OF 2017 Date:17.02.2017 Gk