1 APHC010142492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7220/2025 Between: Benguluru Penchal Singh ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P GANGA RAMI REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7220/2025 ORDER: 1. The Writ Petition is filed seeking to declare the action of the respondent No.2 in issuing the notice dated 15.03.2025 directing the petitioner to remove encroachment within seven (07) days without issuing any show cause notice, as illegal, arbitrary and consequently, seeking direction to set-aside the same. 2. Learned counsel for the petitioner submits that the petitioner is a resident of a house bearing Door No.16-11-716, Haranadhapuram, Nellore. 3. The father of the petitioner had started a Chicken and Mutton shop at the aforementioned premises and the property tax was assessed by the respondent No.2 from the year 2002. While so, a notice was issued under Section 401, 405, 406 of A.P.Municipal Corporations Act-1955. 4. Learned Standing Counsel passed on written instructions of Nellore Municipal Corporation, wherein, it was stated that the petitioner had encroached public canal situated in Harnadhapuram Area, in Sy.No.1289 by way of constructing shop on main canal and it was in that context, the notice was issued. It was further stated that no explanation was given by the petitioner. 5. Considering the long standing possession of the petitioner, this Court deems it appropriate to dispose of the Writ Petition with following direction; 3 (i) The petitioner shall submit explanation to the impugned notice dated 15.03.2025 by treating the same as a show cause notice, within a period of two (02) weeks from the date of receipt of the copy of this order and on receipt of such explanation, Respondent-Authorities shall pass orders in accordance with law, within a further period of two (02) weeks, thereafter.” 6. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 28.03.2025 PKR 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY 304 WRIT PETITION NO: 7220/2025 Date: 28.03.2025 PKR