Dr. S. Nagaraj, v. The State Of Ap

HON'BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.36390 of 2017 ORDER:

In this writ petition filed, under Article 226 of the Constitution of India, the challenge is to the notice, dated 24.06.2017, issued by the third respondent - Municipal Corporation informing the first petitioner that a part of his property bearing H.Nos.76/2-4 and 76/2-4-1 to an extent of 7.16 meters x 0.74 meters, totaling 4.56 square meters is required to be demolished under master plan for public purpose, security and to address traffic problem solutions and that the Municipal Corporation is prepared to pay compensation and hence, the first petitioner was required to produce title deeds etc., in respect of the property within seven days from the date of receipt of a copy of the said notice.

At he hearing, learned counsel for the petitioners would submit that after receiving the notice, the petitioners submitted a representation, dated 11.07.2017, and that without passing any orders on the said representation, the respondents are threatening to demolish their subject property and therefore, the writ petition is filed.

Sri S.D. Goud, learned Standing Counsel for the third respondent - Municipal Corporation, would submit that the third respondent will not take any action against the property of the petitioners except by following the procedure established by law and therefore, the writ petition may be disposed of with appropriate directions.

Recording the submissions, the writ petition is disposed of directing the respondents not to interfere with or demolish any part of the property of the petitioners, which is the subject matter in this writ petition, without following the due procedure established by law.

Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

_____________________________ M. SEETHARAMA MURTI, J Date: 03.11.2017 Note: Issue CC on 06.11.2017 B/o va