Chitturi Kukkuteshwara Rao, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH ******** WRIT PETITION NO.25892 of 2015 Between :

Chitturi Kukkuteshwara Rao, S/o.Late Venkata Raju, Aged about 73 yrs, R/o.H.No.28-1-1, Main Road, Kakinada, East Godavari District & others .. Petitioners and The State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration & Urban Development Department, A.P. Secretariat, Hyderabad & Others.

.. Respondents DATE OF JUDGMENT PRONOUNCED : 14.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO

1. Whether Reporters of Local Newspapers : Yes / No may be allowed to see the Judgments ?

2. Whether the copies of judgment may be : Yes / No marked to Law Reporters/Journals

3. Whether Their Lordship wish to : Yes / No see the fair copy of the Judgment ?

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25892 of 2015 ORDER :

With the consent of learned counsel for petitioners and learned standing counsel appearing for Kakinada Municipal corporation, the writ petition is taken up for final disposal at the stage of admission. 2 .

This writ petition is instituted aggrieved by the notices dated 24.7.2015 and 29.07.2015 respectively issued under Section 456 of the Hyderabad Municipal Corporation Act directing the petitioners and others to remove the building within seven days.

3. Learned counsel for petitioners submit that the subject buildings are not in dilapidated condition as sought to be made out in the impugned notices and the condition of the buildings are good. That the petitioners are living without any hindrance and there are no structural damages caused to the buildings nor there is any danger to the passers by on account of the condition of the buildings. He further submits that the impugned action of the respondents is ex-facie illegal and that no prior opportunity was afforded before mandating to vacate the premises and to demolish and no opportunity was afforded to undertake the repairs and the same are vitiated on that ground alone.

4.

Learned standing counsel representing Kakinada Municipal Corporation is fair in submitting that if the petitioners submit structural reports by qualified person preferably from a leading Engineering college or University, same may be considered accordingly and that notices issued on 24.7.2015 and 29.07.2015 respectively would be treated as one issued under Section 459 of the Act and after affording due opportunity to petitioners, appropriate orders would be passed in the matter. 5 .

Having regard to the same, petitioners are directed to obtain structural report of the subject buildings from Jawaharlal Nehru Technological University, Kakinada and if said University expresses inability to undertake such assignment for any valid reasons, from Siddartha Engineering College, Vijayawada and submit the same along

with their explanations to the respondent corporation within four weeks from the date of receipt of copy of this order. Such report shall be prepared in presence of engineers of the Municipal Corporation. On submission of the report and explanations by the petitioners, the respondent corporation shall afford opportunity of personal hearing to petitioners or their representatives, consider the objections raised by them and pass appropriate final order in accordance with law within a period of four weeks thereafter. Until final orders are passed by the respondent corporation, no coercive steps shall be taken against the petitioners. In the meanwhile petitioners shall forthwith take all precautions for the stability of the buildings and safety of neighbors and passers by.

Subject to above, writ petition is disposed of. No costs. Having regard to the same, all old miscellaneous petitions are closed. __________________ P.NAVEEN RAO,J 14th August, 2015.

Note :Issue C.C. by 17.08.2015.

B/o.

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