Andhra Pradesh High Court - Amravati
Kandukuri Narasimha Rao vs The State Of Andhra Pradesh on 8 November, 2022
IN THE HIGH COURT OF ANDNRA PRADESH AT AM SPECIAL ORIGINAL JURISDICTION) TUESDAY, THE ENGNTH DAY OF NOVEMBE TWO THOUSAND AND TWENTY TWO PRESENT: THE HONOURABLE SRI JUSTICE RAVINATH TILHARD J-~ WRIT PETITION NO: 38488 OF 2023 Retween: Nandukun Narasimha Rao, S'o. Mala, Aged 50 years, Residant of Goer Now PA. Gt-d. JD Nagar, Patamata, Vlavawada. Xnsi OS Petitioner wet The State of Andhra Pradeen, Represented by Hs Principal Secretary. Municival Admin ustvation snc 4 Dew' aieorient Department AP. Secretariat Buddings, Vel agapu aj, Arnaravati, Guntur District, The a ye yawad uoipal Corparation, Regr resented by Hs Cornmissioner, fe Respondents Fettion under Article 228 of the Constitulien of India praying that in the Qrcumstiannes stated in the affidavit Sled the are dh, the Nigh Court may be pleased to issue a Writ. Greer, or Direction more parti culany one in the nature of W frit © f Mandamus declaring the Provisional Order purported fo be under section $8200} an aoa }aPMe Act 1958 and as per Section T5 C) & 2 and 71600) of APCRDA Ac of 2 vide notine No. 14 TAMOTON we AUC 2028, dated 24.09.2029 reosived & 4 100 T2022 followed by a Seb ky FY PFE mation Order purported to be under sect 45212) and €84(2) of MC Act, 19 ag under sect on V45E3} of ABCRDA Act wits vides Notice No. 1174 OFS AAMC, 22, Usted 08-10-2082 received by me on TO-2022 as Hegal and arbitrary. fos 38 et aside ihe same and consequently to direct the respondents not io Meera ar det malish the structures approved by fhe = respondent vide BLA.No- TOPS SGQYBAVMCANSOS2, dated 1808-2002 stuatet 3 Deor No- oes JO Nagar. Paiamata, Vi yawada, Krishna Distiet, wi out passing finalo sof my explanation cater Pelion under Section 181 OSC praying that in the clrcumsfances sk fee Htion, the High Court may be pleased ne affidavl Med in support of the pe espondents to inferfare oF demaish the structures anpravad respon Went yide BLA No. TOPGSRSYBAYMCAN2@N@3 dafed 18-08-2000 e& LAGS Resor No. 44-80 < jd JQ Nagar, Patarnate jayawada, Krishna Distrig sia of my explanation dated W4-7O-8082, Pending diasos SB405 « of 2022. OF n the fe of the Nigh Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court dated 02.11.2022 and 04.11.2022 and upon hearing the arguments of Sri Sree Rama Rao Yerraguntla, Advocate for the Petitioner and of GP FOR MUNCIPAL ADMN URBAN DEV for the Respondent No.1 and Sri G. Naresh Kumar, learned counsel for the Respondent No.2 and the Court made the following. ORDER:
"Provisional order/notice is dated 24-09-2022 and the confirmation order is dated 08-10-2022 but the submission of the petitioners counsel was that the provisional order/notice dated 24-09-2022 was not served. a On 02-11-2022 Sri G.Naresh Kumar, Learned standing counsel for the 2"
respondent was granted time to obtain instructions on the point of service of notice of the provisional order on the petitioner or on some other person on behalf of the petitioner, giving the particulars. _ Sri G.Naresh based on instructions submits that the provisional order/notice dt.24-09-2022 was sent through Registered post addressed to the petitioner on 26-09-2022 and as per the Track consignment the item delivery was confirmed on 28-09-2022 at 16.46.42. a The learned counsel for the petitioner submits that the said notice through registered post was not delivered to the petitioner. He has also placed before the court copy of the Track consignment relating to the same Consignment number and submits that in the copy placed before the Court by the Respondent No.2, one entry dt.28-09-2022 at 12.36.05 mentioning the event "item delivered (To BABA TP SECTION VMC(Article Receipt Room)]" is not reflected which finds mention in the copy placed by him, though in both the Track consignment reports there is entry dated 28-09-2022, at 16.46.42 of the event 'item delivery confirmed'. ee The copies of the Track consignment placed before this court are taken or record.
In view of the aforeosaid, Sri G.Naresh Kumar, prays to post the matter on 15-11-2022 to enable him to seek further instructions and in the mean time to also get the manual report from the concerned Post office, with respect to the service of Registered notice on the petitioner.
The concerned authority at Venkateswarapuram Sub Post office, from where the item was booked on the 2"° respondent approaching for the report regarding service of the notice shall furnish the manual report, to be placed before this court on the date fixed.
Post on 15-11-2022 in the motion list.
The interim order is extended till the next date of listing."
_ Sd/- U. SRI DEVI , mae TRUE 'COPY! , = | For ASSISTANT REGISTRAR . One CC to Sri Sree Rama Rao Yerraguntla, Advocate [OPUC] One CC to Sri G. Naresh Kumar; 'counsel [OPUC] Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court of Andhra Pradesh. [OUT]
4. One CC to Authority, Venkateswarapuram Sup Post Officer, Vijayawada, Krishna District.p
5. One spare copy To, ON > PSD HIGH COURT RNTJ DATED OS TORS NOTE: POST ON 19-19-2022 IN THE MOTION LIST ORDER WP. No 28468 of 2022 INTERIM ORDER EXTENDED