Andhra Pradesh High Court - Amravati
Doddi Lakshmana Murthy vs The State Of Andhra Pradesh on 17 March, 2023
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lN THE HIGH COURT OF ANDHRA PRADESH AT
(Special Original Jurisdiction)
FRIDAY, THE SEVENTEENTH DAYOF MARd
ll^/O THOUSAND AND TWENTY THREE 'qt
:PRESENT: i
THE HONOURABLE SRI JUSTICE NINALA JAYASUR
WRIT PETITION NO: 28802 OF2022 /J FtrT;i^~ri==+ =f¥.#. I
Between :
Doddi Lakshmana Murfhy, S/o Polipalli, aged about 61 years, R/o Nunaparfhy
Village, Achuthapuram Mandal, Anakapalli District.
Petitioner
AND
1. The State ofAndhra Pradesh, Panchayat Raj Department, Secretariat,
Velagapudi, Amaravatl', Rep. by its principal secretary.
2. Nunaparthy Gram Panchay-at, Achuthapuram Mandal, Anakapalli Dl'strict,
Rep, by its panchayat secretary.
Respondents
PetitI'On under Article 226 of the Constitution of India prayl'ng that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue an appropriate writ, order or direction more particularly one in the nature of
WrI't Of Mandamus declaring the 2nd respondent in trying to disposes and demolish
the basement constructed by the petitioner in sy.No.93 to paft of the extent of
Ac.0.05 cents situated at Nunaparthy village, Achuthapuram Mandal, AnakapaIIi
District, without issuing :ny notice to the petitioner, without following the procedure
of law, and without any Jurisdiction, iS highly illegal, arbitrary, unconstjtutiona' and in
vl'olation of princl'ples of Natural Justice, part from violation of Article 14, 21 and 300-
A of the Constitution of India and contrary to the law declared by this Hon'ble Court
in the matter of Bayya Mahadeva shastri vs state of Andhra Pradesh (vide 2020 (6)
ALD 353 and consequently direct the 2nd respondent not to dispossess and not
I'nterfere with the construction acti`.,icy of the petl'tioner's undertaken in sy.No.93 to an
extent of Ac.0.05 cents situated at Nunaparthy Village, Achuthapuram MandaI,
Anakapalli District.
JALN_O: 1 OF_ 2Q22 gr
Petition under section 151 `CPC` praying that in the circumstances stated in
the affidavit filed in support of the writ, petition, the High Court may be pleased to
direct the 2nd respondent not to dispossess and not interfere with the construction
activity of the petI'tiOner'S undertaken in Sy.No.93 to an extent of Ac.0.05 cents
situated at Nunaparthy vl'llage, Achuthapuram Mandal, Anakapalli Distrjct, Pending
disposal of WP 28802 of 2022, on the file of the High Couit.
The petl'tion coming on for hearing, upon perusI'ng the Petl'tion and the
affidavit filed in support thereof and the orders of the High Court dated.o7.09.2022
30.ll.2022 & 23.01.2023 upon hearing the arguments of sri v v N NARAYANA
RAO Advocate for the petitioner and `GP for PANCHAYAT RAJ RURAL DEV for the
Respondent No.1 and Sri I.Koti Reddy, .SC for Respondent No.2, the#ourf made
the following.
ORDER-.
Heard leamed Counsel for 2nd respondent Seeks time tO file additional
material along w-[th an add-lt'IOna[ COunter, list after two (02) weeks.
Interim orders granted on the earlier occasion are extended by four (o4)
weeks. sd/. M. PADMALATHA
TANTREP,llSTRAR
ASSISTANT R:«;STKAK
//TRUE COPY//
SECTION OFFICER
To'1. One CC to SRl. I.KOTI REDDY,SC, Advocate [OPUC]
2. One CC to SRl. V V N NARAYANA RAO Advocate [OPUC]
3. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court OfAndhra
pradesh. [OUT] er/;
4. One spare COPY
NBR
+
RE
HIGH COURT
NJS ,J
DATED:17.03.2023
NOTE: POST AFTER TWO (02) WEEKS
ORDER
WP.No.28802 of 2022
fl .
Interim order extended dr l`.
