MUNTIMADUGU IMAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri S. Krishna Reddy, learned counsel for the petitioner, learned Government Pleader for Panchayat Raj, learned Government Pleader for Revenue, learned Government Pleader for Home and Sri Vinod K Reddy, learned Standing Counsel for Respondent Nos. 5 and 7 and perused the material available on record.

(2.) With the consent of both parties, this Writ Petition is disposed of at the stage of admission.

(3.) This Writ Petition is filed against the action of the respondents, particularly, respondent Nos. 4 to 7 in contemplating to demolish some portion of the petitioner's residential house and encroach into his vacant site shown as 'ABCDE' in the rough sketch in front of his residential house in order to form the CC road and issuing notice dated Nil by respondent No.7 on 14/12/2021 directing to remove the portion of his residential house within two days as illegal, arbitrary and violative of principles of natural justice and for a consequential direction to respondent Nos. 4 to 7 not to demolish and interfere with the petitioner's possession over the said house and vacant site. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land to an extent of 1298 square feet, which includes two portions of his house presently bearing Door No.7-95 ( Old Door No.9/96) situated at Kothacheruvu Revenue Village and Mandal of Ananthapuram District. Respondent No.7 issued Notice without any date, which was served on the petitioner on 14/12/2021, wherein it is stated that the petitioner has encroached the Gram Panchayat land and constructed house and it is obstructing to lay a CC road and as such, directed the petitioner to remove the said structures within two days, failing which, the Gram Panchayat will remove those structures officially.