Puli Maggan Raju,, S/O Pull Dasu , Puli Mariya Dasu, v. The State Of Andhra Pradesh, Rep. By Its Principal

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.24380 of 2017 ORDER :

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: " ..to issue a writ, order or direction Particularly one in the nature of Certiorari calling for the records pertaining to the Demolition Notice Dt.24-06-2017 vide RC.No.CRDA 12024(41)/ 5/ 2016, Vja, dated 30-12-2016; against the petitioner as illegal, arbitrary, conscpicuous and against the settled principles of law and pending disposal of the Writ petition and pass such other order or orders as this Hon'ble Court may deem fit in the interest of justice and in the circumstances of the case."

Heard learned counsel for the petitioner, Government Pleaders for Panchayat Raj and Revenue appearing for respondents 1, 3, 4, 5 and 7, Sri D.Ramesh and Sri G.Seshadri learned Standing Counsel appearing for Respondent Nos.2 and 6 respectively, before ordering notice to respondent No.8 and perused the prayer in the writ petition with supporting affidavit and the impugned notice, explanation of the petitioner to the said notice dated 24.06.2017. It is the grievance of the petitioner that having issued notice, even reply given, without considering the same, the respondent Authorities are trying to demolish the subject property.

It is stated in the affidavit filed in support of the writ petition that the father of the petitioner applied for permission and it was not granted within the statutory time,

thereby, deemed granted and constructed the house and he is a legatee from a Will claimed through his father, leave about, the truth or genuineness of the Will which now to not consider, but, if at all to prove otherwise, except as legal heir if at all to the locus in the writ petition concerned so far, by taking law into their hands.

It is the submission of learned Standing Counsel for the 6th respondent-Panchayat that unauthorized construction is made by the petitioner and the show cause notice issued is for removal of the same.

Having regard to the above, the respondent Authorities are directed to consider the explanation submitted by the petitioner and pass appropriate orders, leave about for any unauthorized construction except to the extent of plan submitted of deemed permission granted, subject to the provisions, the other area if any only the respondentAuthorities can demolish. Accordingly, the Writ Petition is disposed of at the stage of admission. No costs.

Consequently, miscellaneous petitions, if any, pending shall stand closed.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:26.07.2017 pab