Musthaq Basha v. The State Of Andhra Pradesh,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.2988 of 2016 Date: 03.02.2016 Between:

Musthaq Basha .. Petitioner and State of Andhra Pradesh rep. by its Prl.Secretary Dept., of Municipal Admn., Hyderabad and another .. Respondents Counsel for the petitioner : Mr.K.Sitaram Counsel for respondent No.1: GP for Municipal Administration The Court made the following:

O r d e r :

This Writ Petition is filed for a Mandamus to declare Notice, dated -01-2016, issued by respondent No.2 wherein the petitioner was asked to remove the structures raised by him in an extent of 162.52 square meters by, allegedly, encroaching the public road, as illegal and arbitrary.

At the hearing, the learned Counsel for both parties have agreed that identical notices were subject matter of several Writ Petitions; that this Court has disposed of the said Writ Petitions with the direction to respondent No.2 to consider the objections, if any, filed by the owners of the properties, to whom notices to remove the alleged encroachments have been given; and that following the said orders, this Writ Petition requires to be disposed of.

Mr.Md.Saleem, learned Standing Counsel for Municipalities, appearing for respondent No.2, submitted that the alleged reply of the petitioner to the impugned notice has not been received by respondent No.2.

The learned Counsel for the petitioner submitted that his client may be permitted to submit

a fresh representation.

Accordingly, the petitioner is permitted to submit a representation within one week from today.

On receipt of such representation, respondent No.2 shall consider the same, take a decision thereon and communicate the same to the petitioner before seeking to proceed further in pursuance of the impugned notice.

Subject to the above directions, the Writ Petition is disposed of.

As a sequel to disposal of the Writ Petition, WPMP.No.3787 of 2016, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 3rd February, 2016 lur