This order allows the petitioner to submit an explanation regarding unauthorized occupation charges and restrains the Municipality from taking coercive steps until such explanation is considered.
Liberty given to petitioner to submit explanation within two weeks; no coercive steps by Municipality pending consideration.
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HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.9139 of 2017
ORDER:
Petitioner is aggrieved by the impugned notice dated 27.02.2017 (wrongly typed as 27.02.2016), issued by respondent No.2 – Municipality, alleging that he is unauthorisedly occupying the road margin. Petitioner further submits that the impugned notice is vague as he inherited property bearing No.9/68, Guntakal Road, Gooty Town, Anantapur District, from his ancestors, who had constructed a house thereat in the year 1975 in terms of the sanctioned plan issued by the Gram Panchayat. It is only Gram Panchayat was converted into Municipality in the year 2014. Inasmuch as the petitioner had obtained permission from Gram Panchayat, it cannot be said that the construction is illegal.
Sri M.D.Saleem, learned Standing Counsel for respondent No.2, submits that respondent No.2- Municipality shall consider the explanation that would be submitted by the petitioner and, only thereafter, necessary action would be taken in accordance with law.
In the light of the submission of the respective parties, liberty is given to the petitioner to submit his explanation within two weeks from the date of receipt of a copy of the order, and the same shall be considered by respondent No.2Municipality, in accordance with law, and if the explanation is
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found not satisfactory, necessary action be taken in accordance with law. Respondent No.2 – Municipality shall not take any coercive steps till orders are passed, after considering the explanation submitted by the petitioner.
The Writ Petition is, accordingly, disposed of. Miscellaneous petitions pending, if any, shall stand
dismissed. No order as to costs.
______________________________ CHALLA KODANDA RAM,J
Date: 15.03.2017 Note:CC two days bo usd
1 provisions across 1 enactments
Petitioner
Municipality (Respondent No.2)
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
