Andhra Pradesh High Court - Amravati
S Audinarayana vs The Narsapur Municipality on 21 October, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.5155 of 2019
Order:
This writ petition is filed 'to declare the action of the 1st respondent
in not taking steps to remove the unauthorized and illegal constructions
made by the 2nd respondent at Door No.7-10-30/1, 10th Ward, Ballalavari
Street, Narsapur, West Godavari District, by encroaching the joint
pathway, in spite of the legal notice dated 24.08.2018, as illegal and
arbitrary'.
Case of the petitioner is that, the 2nd respondent filed suit in
O.S.No.133 of 2018 on the file of the Court of Principal Junior Civil Judge,
Narsapur, against the petitioner and his family members, claiming
exclusive rights over the joint passage; the 1st respondent has raised an
illegal and unauthorized construction at house bearing Door No.7-10-30/1
under the guise of renovation and having raised unauthorized construction
has encroached upon part of the joint passage, depriving the petitioner to
have free access to his site situated therein, hence the petitioner got
issued a legal notice dated 24.08.2018 through his advocate to the 1st
respondent- Municipality requesting to take action against the 2nd
respondent for the unauthorized and illegal constructions, however, as no
action has been taken by the 1st respondent so far, the present writ
petition is filed.
Sri K.Chidambaram, learned counsel for the petitioner submits that,
the 1st respondent may be directed to dispose of the legal notice dated
24.08.2018 got issued by the petitioner.
2
Learned counsel appearing for the 2nd respondent reported no
objection for such direction.
In view of the facts and circumstances of the case, the 1st
respondent is directed to dispose of the legal notice dated 24.08.2018
issued by the petitioner, strictly in accordance with law, after giving notice
and opportunity of hearing to the petitioner and the 2nd respondent herein
and shall pass appropriate orders thereon, as expeditiously as possible,
preferably within a period of eight weeks from the date of receipt of a
copy of the order.
Accordingly, this Writ Petition is disposed of. There shall be no
order as to costs. As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
_____________________________
KONGARA VIJAYA LAKSHMI, J.
Date: 21.10.2019 Akc 3 THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.5155 of 2019 Date: 21.10.2019 Akc