Andhra Pradesh High Court - Amravati
Sai Ram Jai Sri Durga Timber And Boat ... vs The Narsapur Municipality, on 11 November, 2019
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
Writ Petition No.17707 of 2019
ORDER:
This petition is filed by the petitioner under Article 226 of the Constitution of India seeking Writ of Mandamus declaring the action of 1st respondent, passing impugned order vide Endorsement in R.O.C.No.711/2018/G1, dated 28-10-2019 directing the removal of the petitioner's shop bearing D.No.5-7-19 in RS.No.53 at Pothurajugari Veedhi, Tailor Peta, Narsapuram, Narsapuram Mandal, West Godavari District, without issuing notice, as illegal and contrary to the orders passed by this Court in W.P.No.39954 of 2018 and W.P.No.42984 of 2018, and for a consequential direction.
2. Heard learned counsel for Petitioners, Sri S.Manohar Reddy, Standing Counsel for Municipalities representing 1st respondent, Learned Government Pleader for Municipal Administration representing 2nd respondent and learned Government Pleader for Revenue representing 3rd respondent.
3. As can be seen, admittedly the petitioners have occupied Ac.0.01 cents in RS.No.53 at Narsapuram Village and Mandal, West Godavari District and set up a small shop bearing D.No.5-7-19 and making boats. Admittedly, so far the petitioners have not applied to the revenue authorities for issuance of any patta.
4. Be that it may, the 1st respondent issued impugned notice in R.O.C.No.711/2018/G1, dated 28-10-2019 to the petitioners to vacate the said shop premises within seven (07) days treating his occupation as an encroachment.
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5. When the matter came up for hearing learned counsel for petitioners submitted that he would make a representation to the 3rd respondent for issuance of patta for the aforesaid site, and till an order is passed by the revenue authorities the 1st respondent may not take any coercive steps pursuant to the impugned notice dated 28-10-2019.
6. Considering the above submission, this Writ Petition is disposed of giving liberty to the petitioners to submit a representation to the 3rd respondent within two (02) weeks from the date of receipt of copy of this order, in which case the 3rd respondent shall consider their representation and pass an appropriate order in accordance with law within eight (08) weeks from the date of the representation. Till such exercise is completed, the 1st respondent shall not take any coercive steps against the petitioner pursuant to the impugned notice dated 28-10-2019.
7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
______________________________ JUSTICE U.DURGA PRASAD RAO Date: 11-11-2019 IS -3- THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.17707 of 2019 Date: 11.11.2019 IS