Andhra Pradesh High Court - Amravati
Golapala Srinivasa Rao, vs The State Of Ap on 16 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HIGH COURT OF ANDHRA PRADESH :: AMARAVATHI
TUESDAY, THE SIXTEENTH DAY OF JULY,
TWO THOUSAND AND NINETEEN
:PRESENT:
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO : 7119 of 2019
Between:
Golapala Srinivasa Rao, S/o. Kotaiah
Petitioner
AND
1. State of A.P., rep by its Principal Secretary, Municipal Administration
Department, Secretariat, Amaravati, Velagapudi, Guntur District.
2. Bapatla Municipality, rep by its Commissioner, Bapatla, Guntur District.
3. Bapatla Municipality, rep. by its Town Planning Officer, Bapatla, Guntur District.
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 and order or direction or writ more particularly one in the nature of Writ of
Mandamus declaring the action of the respondent authorities in demolishing the slab
covering the lift and stair case on the fourth floor for the building bearing Door No. 12-5-
63 admeasuring an extent of 311 sq. yards Division, No. 475/1, Assessment No.
1019002381 situated at Ward No. 27, Sikharamvari Veedhi, Bapatla, Guntur District
without following due process of law and issuing notices under sections 217(1), 228(1)
and issuing final orders under Sections 217(3) and 228(3) on the same day without even
granting time is arbitrary, illegal, null and void and against norms of public policy and
against principles of natural justice and to set aside the same as the same is contrary to
the provisions of Sections 217 and 228 of Municipalities Act and unconstitutional.
IA NO: 1 OF 2019:
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 direct the
respondent authorities not to demolish the petitioner's building bearing Door No. 12-5-63
admeasuring an extent of 311 sq. yards Division No. 475/1, Assessment No.
1019002381 situated at Ward No. 27, Sikharamvari Veedhi, Bapatla, Guntur District,
pending disposal of WP No. 7119 of 2019 on the file of the High Court.
The petition coming on for hearing and upon perusing the petition and affidavit
filed herein and order of the High Court dated 10-06-2019 & 24-06-2019 made herein
and upon hearing the arguments of Sri Venkateswara Rao Gudapati, Advocate for the
Petitioner, G.P. for Municipal Administration for the Respondent No.1 and of Sri
Nimmagadda Venkateswarlu - S.C. for the Respondent No.2 & 3, the Court made the
following
ORDER:
None appears for respondents. Interim order granted earlier is extended for a further period of four (4) weeks.
List after three (3) weeks.
Sd/- P.V. RAMANA ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 Two CCs to G.P. for Municipal Administration, High Court, A.P.(OUT) 2 One CC to Sri Venkateswara Rao Gudapati, Advocate(OPUC) 3 One spare copy.
Tvr HIGH COURT KVLJ DATED: 16-07-2019 NOTE: POST AFTER THREE WEEKS WP.NO.7119 OF 2019 INTERIM DIRECTION EXTENDED DRAFTED BY: TVR APPROVED BY:
DRAFTED ON: 17-07-2019 HIGH COURT KVLJ DATED: 16-07-2019 NOTE: POST AFTER THREE WEEKS WP.NO.7119 OF 2019 INTERIM DIRECTION EXTENDED