VENIGALLA DHANALAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the action of the 2nd respondent in issuing the proceedings in Roc.No.1291/2020/G1-61, dated 28.08.2020, to remove the alleged encroachments in respect of Cement tiled house bearing D.No.9-54A, situated in Sy.No.148, Gowtham Budda Road, Mangalagiri Municipality, without issuing any show cause notice calling for explanation, as wholly illegal, arbitrary, violation of Articles 14, 21 and 300-A of the Constitution of India and violation of principles of natural justice and to consequently set aside the said proceedings.

(2.) Heard learned counsel for the petitioner and Sri M. Manohar Reddy, learned standing counsel appearing for the 2nd respondent.

(3.) The case of the petitioner is that she is the absolute owner and possessor of the cement tiled house bearing D.No.9-54/A (in an extent of 91.6 Sq.yards) in Ward No.9 of Mangalagiri Municipality, Guntur District, having purchased the same under a registered sale deed, dated 01.05.2014. She has been residing in the said premises along with her family members. While so, the 2nd respondent issued the impugned notice inter alia stating that it was found that the petitioner made constructions by encroaching road margin and the said encroachment is causing obstruction for development and road widening and for ingress and egress of the locality people. By the said notice, the petitioner was asked to voluntarily remove the alleged encroachment, within seven days from the date of receipt of the said notice, and inform to the office of the 2nd respondent, otherwise the authorities of the 2nd respondent will remove the encroachment at the cost of the petitioner. Hence, the present writ petition is filed.