The High Court disposed of a writ petition challenging a notice for encroachment removal on private facts and arbitrary exercise of power by issuing a connected order for the connected order.
Writ petition disposed of accordingly; costs not awarded; miscellaneous applications closed.
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HON'BLE SRI JUSTICE S.V.BHATT
WRIT PETITION No.10164 of 2017
ORDER:
Heard Sri N.Chandra Sekhar Reddy for petitioner and Sri Md.Saleem for the 2nd respondent.
The petitioner challenges notice dated 27-02-2016 issued under Sections 192, 193 and 194 of the A.P. Municipalities Act primarily on the ground that the notice does not refer to the encroachment by petitioner warranting removal of the same and without specifically stating the extent of encroachment, issuing notice in a vague manner, thereafter coming and demolishing both encroached and un-encroached portion, amounts to illegal and arbitrary exercise of power.
The counsel for 2nd respondent submits that the petitioner is called upon to remove the encroachment of road margin. He further submits that if for any reason, the marking, as stated by the petitioner, is not carried out by the respondent/ Municipality, the respondent/ Municipality undertakes to mark the road margin in the possession of petitioner within two weeks from today and serve a notice on the petitioner. Thereafter, the petitioner can be given two more weeks from the date of receipt of notice to remove the encroachment without any objection. If the petitioner does not do
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so, the 2nd respondent is given liberty to remove the encroachment on road margin.
The statement is placed on record.
The respondent/ Municipality undertakes to mark the encroached portion in road margin within two weeks from today and serves notice to petitioner for removing the encroachment within two weeks thereafter. The petitioner to remove the encroachment accordingly within the time granted by respondent/ Municipality. In default, the respondent/ Municipality is given liberty to remove the marked encroachment portion.
The writ petition is disposed of accordingly. There shall be no
order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_____________ S. V. BHATT, J
Date: 22-03-2017 Note: Issue C.C. forthwith (B/ o) Prv
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Petitioner
Municipality
S. V. BHATT
As recorded by the court registry
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