Lakkoju Kesava Rao, S/O Late Venkateswara Rao v. The State Of Andhra Pradesh

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.42651 of 2015 Date: 30.12.2015 Between:

Lakkoji Kesava Rao ..

Petitioner and The State of Andhra Pradesh rep. by its Prl.Secretary Panchayat Raj & Rural Development Dept., Hyderabad and 2 others .. Respondents Counsel for the petitioner: Mr.K.Venkatesh Counsel for respondent Nos.1 & 2: AGP for Panchayat Raj The Court made the following:

O r d e r :

The petitioner, who has, admittedly, constructed a building unauthorisedly by adding the third and the fourth floors, filed this Writ Petition on an apprehension that respondent No.3- Gram Panchayat may demolish the illegal structures even before considering his explanation received by it on 18-11-2015.

In my opinion, the petitioner failed to show any basis for the said apprehension. It is not the pleaded case of the petitioner that when he has entertained such an apprehension, he has issued notice to respondent No.3 to refrain from removing the unauthorised structures even before taking a decision on the showcause notice issued to him. In this view of the matter, I do not find any reason to entertain this Writ Petition.

The Writ Petition is, accordingly, dismissed, however, with the observation that till a final decision on the showcause notice issued to the petitioner by respondent No.3 is taken, illegal structures may not be removed by the latter.

As a sequel to dismissal of the Writ Petition, WPMP.No.54996 of 2015, filed by the petitioner for interim relief, is disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 30th December, 2015 lur