Andhra Pradesh High Court - Amravati
Pokalkar Narayana Rao vs Chintalapudi Nagara Panchayat on 20 March, 2021
THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
Writ Petition No.6429 of 2021
ORDER:
Heard the learned counsel for the petitioner Sri M. Manohar Reddy, learned Standing Counsel for the respondents.
Sri M. Manohar Reddy, learned Standing Counsel appears and states that a notice under Section 192 of the Municipalities Act for removal of encroachment was given to the petitioner, but, the same was refused. Therefore, it was pasted on the wall of the petitioner's house. According to the learned Standing Counsel the petitioner has encroached the public road. Therefore, 2 feet of the petitioner's property was sought to be removed for construction of a drain, which is supported by all the other residents of that locality also. The width of the drain is 4 feet and only 2 feet is proposed to be taken from the petitioner's property as per the learned Standing Counsel.
On the other hand, the learned counsel for the petitioner states that no notice was ever served on the petitioner. He therefore, prays that a copy of the notice may be served afresh on the petitioner and that the petitioner would then submit a detailed reply and the matter can be disposed of.
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Noting the said submissions, the respondents are directed to serve the notice under Section 192 of the Municipalities Act once again on the petitioner within seven days from the date of receipt of a copy of this order. Thereafter, within period of seven days, the petitioner shall submit a detailed reply raising all his legal and factual defences. The respondent No.1 shall thereupon dispose of the same in accordance with law without being influenced by the fact that an order is passed by this Court. In this interim period, the respondents are directed not to take any coercive steps. Parties are directed to strictly adhere to the time schedule. The petitioner is also directed to receive the notice and cooperate with the enquiry.
With the above observation, the writ petition is disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
________________________________ JUSTICE D.V.S.S.SOMAYAJULU Date: 20.03.2021 Issue C.C. by 22.3.2021.
B/o GR 3 THE HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU Writ Petition No.6429 of 2021 Dated: 20.03.2021 GR