A.LAKSHMI DEVI Vs. STATE OF A.P.

JUDGEMENT

(1.) These Writ Petitions are filed questioning the orders in Roc.No.69/1123/BDL/UC/2024 and Roc.No.68/1123/BDL/UC/2024, dtd. 4/7/2025 respectively in seizing the residential buildings in D.Nos.6/6/165/7 and 6/6/165/6 in Chennampalli village, within the limits of Badvel Municipality, Y.S.R. District, as illegal and arbitrary.

(2.) The facts leading to filing of the present Writ Petitions are as follows:- The Petitioners are the absolute owners of the above referred residential buildings. A building plan was issued for construction of G+2 residential building by the Respondent-Municipality vide B.A.No.10/2010. According to the Petitioners, the buildings were completed. While so, an order under Sec. 340-A(1) of the Andhra Pradesh Municipalities Act, 1965 (for short "A.P.M.C. Act, 1965") was passed by the Respondent authority seizing the building with immediate effect. Hence, the present Writ Petitions are filed.

(3.) Learned counsel for the Petitioners submits that no prior notices were issued to the Petitioners before passing the impugned order. Further, it is contended that the show cause notice dtd. 28/11/2024, stop work order dtd. 3/1/2024 and confirmation order dtd. 30/1/2025, which are referred in the impugned proceedings were not issued to the Petitioners at any point of time. The learned counsel for the Petitioners would further contend that the power under Sec. 340-A(1) of the A.P.M.C. Act, 1965 is an independent power and not a necessary consequence of an order passed under Sec. 228 of the Act. Therefore, the same would warrant an independent show cause notice before passing the impugned order. The further contention is that the power is to be exercised only when the building construction is ongoing and not when the same is occupied. The counsel for the Petitioner relied upon a Judgment of this Court in W.P.No.13136 of 2021 and batch, dtd. 5/8/2022.