IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) . THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE •Y •o tor >i PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31328 OF 2024 Between: K. M. Shakeel Shafi, S/o. K.M. Correspondent Crescent English Medium High School, Ram Nagar, Ananthapur, A.P. Safiullah, Aged 60 years, Occ: ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Ananthapuramu Municipal Corporation, Rep. by its Commissioner (FAC), Ananthapuramu Dist, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the notice in Rc.No.3348/209- G1 dated 20.12.2024 where under the 2"*^ respondent has directed the petitioner to remove alleged encroachment(Compound Wall) in survey no 59/2A and 59/2C of Kaklapally Village, Anantapur Rural Mandal, Ananthapuram District within 7 days which notice through Whats Up on 26.12.2024, being bad, illegal, arbitrary in violation of Principles of Natural Justice and offends Constitution of India besides contrary to the provisions of HMC Act 1955 and consequentially to set aside the was served on petitioner Article 14 and 300- A of same. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of notice in Rc.No.3348/209-G1 dated 20.12.2024 directing to remove/demolish the alleged encroachment(Compound Wall) of Crescent English High School situated in plot no 25 and 27 in survey no 59/2A and 59/2C of Kakalapally Village, Anantapur Rural Mandal and Anantapur District, pending disposal writ petition. of main Counsel for the Petitioner: SRI V. V. N. NARASIMHAM Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC CORPORATION FOR MUNICIPAL The Court made the following: ORDER 1 APHC010599642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31328/2024 Between; ...PETITIONER K.M.Shakeel Shafi AND ...RESPONDENT(S) The State of A.P. and another Counsel for the Petitioner: 1.VVN NARASIMHAM Counsel for the Respondent(S): 1 .A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief.- “ ot issue issue a Writ Order or direction more particularly one in the nature of WR^Of ITnOAM^ declaring the notice in Rc.No.3348/209.G1 dated 20.12 2024 whereunder the 2"'^ respondent has directed the petitioner encroachment (Compound Wall) in survey No.59/2A and 59/2C of Kaklapally Village Mandal, Ananthapuram District within 7 days which notice was 26.12.2024, being bad, illegal, arbitrary, in and offends Article 14 and 300-A of of HMC Act 1955 and Anantapur Rural served on petitioner through Whatsup on violation of Principles of Natural Justice Constitution of India besides contrary to the provisions consequentially to set aside the same The case of the petitioner is that, the petitioner is the Correspondent of Medium High School, which has been constructed and is 2. Crescent English being maintained in plot Nos.25, 26 and 27 in Survey Nos.59/2A and 59/2C, Ananthapuram Rural Mandal and District, for the last 30 Kakalapally Village, by their joint family, having been purchased through various documents, and T.Naresh, who had earlier filed W.P.No.14998 of 2005 years One T.Vijay Kumar and W.P.No.18284 the northern side of the petitioner's plot agitating that there was short fall to their plots and opposing to lay road to the southern side of their plot Nos.23 northern side of the petitioner’s plots. In fact, there is a 30 feet of 2017 claiming to be the owners of plot Nos.23 and 24 on and 24 and the road existed, as per the approved layout, in between the plots of the petitioner and the said persons, which is being used for public as well as students of the school. stood thus, the 2"^ respondent/Commissioner, issued notice vide Rc.No.3348/2009- 26.12.2024, directing the While the matter Ananthapuramu Municipal Corporation dated 20.12.2024 through WhatsApp on 3. G1 3 petitioner to remove the alleged encroachments wi the date of receipt of the notice. The ari issuance of the impugned notice directing the encroachments within within seven (7) days from grievance of the petitioner is that, prior to petitioner to remove the was not given any opportunity of hearing nor submission of any explanation in his interest. The said proceedings were issued based seven days; the petitioner on a survey report and in accordance with the orders of this Court in W.P.Nos. 14998 of 2005 and 18284 of 2017 filed by the neighbours. However, the alleged encroachments. Therefore, the petition challenging the said notice. notice does not specify the details of the petitioner has filed the present writ 4. Heard learned counsel for the petitioner, for Municipal Administration and Urban Deveiopment for learned Standing Counsei for Municipai Corporation for learned Government Pleader respondent No.1 and respondent No.2. 5. Today, when the matter Standing Counsel has stated that, in Court in W.P.Nos.14998 of 2005 and 18284 the petitioners in those writ petitions up for hearing, Mr.A.S.C.Bose, learned pursuance of the orders passed by this of 2017, notices were issued to came as well as to the petitioner in the present writ petition. Thereafter, a joint survey was conducted in the presence of the petitioner herein and the petitioners in the earlier writ petitions, and submitted a report. However, a copy of the report was not furnished to the petitioner. Subsequently, the impugned notice following the procedure prescribed under law. was issued to the petitioner after duly 6. A perusal of the impugned notice dated 20.12.2024 would indicate that the said notice was issued by virtue of orders passed by this Court iin 4 W.P.Nos.14998 of 2005 and 18284 of 2017. It also admitted that the notice does not refer to the survey said to have been conducted in the presence of the petitioner and the petitioners in the earlier writ petitions, and also that a copy of the report was not furnished to the petitioner calling for objections, if 7 any. ‘f- Having regard to the facts and circumstances of the case and the submissions of the learned counsel on both sides, as the impugned notice is respondent, without calling for an explanation from the 7. nd issued by the 2 petitioner or affording any opportunity of hearing to the petitioner, which amounts to violation of the principles of natural justice. Therefore, the impugned notice is liable to be set aside. allowed and the notice in Accordingly, the Writ Petition is Rc.No.3348/209-G1, dated 20.12.2024, issued by the 2 hereby set aside. However, leaving it open to the respondent authorities to proceed further by duly furnishing a copy of the survey report to the petitioner, calling for his objections, if any, and proceed in accordance with law. The process shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 8. nd respondent, is As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTR/^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat at Velagapudi, Amaravati, Guntur District. 2. The Commissioner (FAC), Ananthapuramu Municipal Corporation, Ananthapuramu District. V 3. One CC to Sri V. V. N. Narasimham, Advocate [OPUC] 4. One CC to Sri A.S.C. Bose, SC for Municipal Corporation[OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb ✓ n HIGH COURT ns*. ■' } DATED:02/01/2025 ORDER 5 2 7 JAN r.25 WP.No.31328 of 2024 O to . Current Section ^ ^^SPATCVA^^ ALLOWING THE W.P. WITHOUT COSTS