A.S.R.K. Bhaskar, v. The State Of Andhra Pradesh Rep. By Its Principal Secretary,

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.15668 of 2016 ORDER:

The father of the 1st petitioner filed an affidavit in support of the writ petition stating that he is managing the property consisting of commercial building bearing D.Nos.5/374-1, 5/374-2 and 5/375, which were purchased by the first petitioner through registered sale deeds dated 27.11.1996 and 20.12.1997. He further states that the said property was acquired through the gift deed dated 05.06.1987 and it was situated in Brahmin street, trunk road, Kadapa YSR District. While so, the Government issued G.O.Ms.No.1087, Municipal Administration dated 19.10.1981 proposing to widen the roads in Kadapa town from 10 feet to 20 feet. Challenging the same, the 1st petitioner filed W.P.No.27925 of 2005. The said writ petition was disposed of on 29.12.2005 directing the 2nd respondent herein to follow the due procedure of law.

He further states that he is aged 82 years and the 1st petitioner is in U.S.A and hence the subject premises was entrusted to the 2nd petitioner to take care of the same under Memorandum of Understanding dated 11.10.2015. Now. when the Commissioner of Municipal Corporation, Kadapa, issued a notice on 19.04.

in an extent of 16 feet to 18 feet, the present writ petition was filed.

2. In the circumstances, this Court is not inclined to entertain the present writ petition, but gives liberty to the petitioners to file their objections to the said notice within a period of one week from the date of receipt of a copy of this order and the 2nd respondent shall consider the same and pass appropriate orders based on the record within a period of one week thereafter.

Till disposal of the objections proposed to be filed by the petitioners, the 2nd respondent shall not take any action for demolition of the property, if it is not already demolished. If the petitioners do not file objections within the time prescribed as above, it is open to the 2nd respondent to take necessary action pursuant to the notice.

3. The Writ Petition is accordingly disposed of. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

____________________________ A.RAMALINGESWARA RAO, J 29-04-2016 Gsn