Koka Venkata Prasad v. The State Of A.P.

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.31153 of 2018 O R D E R:

Heard the learned counsel for the petitioner and Sri Nimmagadda Venkateshwarlu for the respondent Municipality. 2.

This writ petition challenges the alleged action on the part of the respondent Municipal authorities in taking steps to demolish the house of the petitioner bearing H.No.1-496 situated at Kothapet, Mangalagiri Municipality. 3.

It is submitted by the learned counsel for the petitioner that in response to the show-cause notice dated 04.08.2018 issued by the respondent Municipality under Sections 147, 153 and 192 (3) of A.P. State Municipal Act, 1965 read with APCRDA Act, 2014 petitioner herein submitted an explanation on 09.08.2018 along with the list of documents, but the respondents without considering the said explanation are trying to demolish the house of the petitioner herein in high handed manner. 4.

On the other hand, it is submitted by the learned Standing Counsel that the present writ petition is a premature one and the respondent authorities will conduct survey and pass final order after considering the explanation submitted by the petitioner herein. 5.

Having heard the learned counsel for the petitioner and the learned Standing Counsel, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to consider the explanation dated 09.08.2018 said to have submitted by the petitioner herein and take further action/pass further orders, strictly in accordance with law. Till the said exercise attains finality, there shall be status quo with regard to the subject constructions.

6.

The writ petition is accordingly disposed of. As a sequel, the miscellaneous petitions, if any, shall stand disposed of. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date:29.08.2018 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.31153 of 2018 Dated 29.08.2018 grk