Bezawada Sambasiva Rao vs The State of Andhra Pradesh,

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.19303 of 2023 Bezawada Sambasiva Rao, S/o.Lakshmaiah, aged about 63 years, Occ: Milk Business, R/o.Near Sai Baba Temple, Madu Tirupathirao Nagar, Yenamalakuduru, Penamaluru Mandal, Krishna District. ….

Petitioner Versus The State of Andhra Pradesh, rep. by its Principal Secretary Municipal Administration Department, Secretariat, Velagapudi, Amaravathi and another. ….Respondents ORDER: Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent No.2.

2.

This writ petition is filed questioning the notice issued by the 2nd respondent dated 22.07.2023 directing the petitioner to remove the cattle shed as the complaints raised by the neighbours objecting the running of cattle shed in the residential locality.

2 3.

The learned counsel for the petitioner submits that, the petitioner is paying property tax under the Assessment No.1192033013 and paying Rs.2,000/- per month towards charges for the Prasad Dairy Farmers and the receipt dated 17.05.2023 shows the same.

While so, suddenly the 2nd respondent issued the impugned notice dated 22.07.2023 calling the petitioner to remove the said cattle shed without conducting any enquiry and without giving any opportunity to the petitioner to substantiate his case.

4.

On the other hand, the learned Standing Counsel appearing for the 2nd respondent submits that, by virtue of the impugned notices of the 2nd respondent dated 22.07.2023, the petitioner can submit his explanation and after considering the same, the 2nd respondent will take an appropriate decision by following the due procedure.

5.

In view of the above said facts and circumstances, the petitioner is directed to submit his explanation along with the necessary documents to substantiate his case for the impugned notice dated 22.07.2023 of the 2nd respondent within a period of two (02) weeks from the date of receipt of this order. his order.

On receipt of such explanation from the 3 petitioner, the 2nd respondent is directed to conduct necessary enquiry and appropriate orders shall be passed after hearing all the parties concerned and upon verification of the records and the subject site in accordance with law as expeditiously as possible within a period of eight (08) weeks thereafter.

Subject to the outcome of the enquiry only, there shall be an order of status quo as on today to be maintained with respect to the subject cattle shed.

6.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 02.08.2023 PGT