Y. Naga Papa Rao, v. Rajamahendravaram Municipal Corporation

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No. 22006 and 22019 of 2016 COMMON ORDER:

Heard learned counsel for the petitioners and Sri A.Panduranga Rao, learned Standing Counsel for Municipal Corporation.

Since the issue involved in both the writ petitions is one and the same, they are disposed of by this common order. The Writ Petitions are filed with the following prayer: 'For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue a Writ or order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings in Roc.No.5547/2013-G1/Cirlce, dated 28.06.2016 as illegal, arbitrary, null and void and for a consequential direction to the respondent to stop the demolition of the building bearing Door No.7-30-11, Main Road, Rajamahendravaram, East Godavari District and to pass such other order or further orders as this Hon'ble Court may deem it fit and proper in the circumstances of the case'.

Learned counsel for the petitioners submits that prior to issuance of notices under Section 459 of the Act, respondent-authorities ought to have given notice to the petitioners seeking explanation. Learned counsel for the respondent-corporation submits that combined notice under Sections 456 and 459 of the Act indicates notice for demolition as well as notice giving opportunity to submit objections with evidence.

Having regard to the above, treating the impugned order as notice to the petitioners, they are directed to submit explanation within a period of two weeks from the date of receipt of a copy of this order and orders be passed by the concerned within a period of two weeks thereafter. Till such time, respondent-authorities are directed not to take any coercive steps.

Accordingly, the writ petitions are disposed of. Miscellaneous petitions, pending if any, shall stand closed in the light of this final order. No order as to costs. ______________________ JUSTICE C.PRAVEEN KUMAR 05.07.2016, vhb