Andhra Pradesh High Court - Amravati
Kurra Anil, vs The State Of Ap on 31 August, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
" vernaiderncsenenn (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE THIRTY FIRST DAY OF AUGUST, TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 17988 OF 2019 Between: Kurra Anil, S/o Gandhi-. Petitioner AND The State of AP, rep., by the Principal Secretary Municipal Administration Department,.Secretariat, Velagapudi, Guntur District, Amaravati, Bapatla Municipality, rep. by its Commissioner Bapatla, Guntur District. Bapatla Municipality, rep. by its Town Planning Officer Bapatla, Guntur District. The National Highways Authority of India, Rep. by its Director, G-5 and 6, Sector -10, Dwaraka, New Delhi - 110075. The Project Director, National High Ways Authority of India, Vasantha Residency,Mangalagiri Guntur, Guntur District. --_ a FON Respondents WHEREAS the Petitioner above named through his Advocate Sri Venkateswara Rao Gudapati presented this 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 an order or direction or writ more particularly one in the nature of Mandamus declaring the action of the 2nd and 3rd respondent authorities in constructing toilet on the national highway 216A road leading from Guntur-Bapatla-Cheerala, on the northern side of the petitioner plot on D. No. 475/1 in D.No. 14-1-1, admeasuring an extent of 25 feet leading from east to west on the northern side of petitioner plot by blocking ingress and egress of the petitioner's plot as arbitrary, illegal, null and void against the norms of public policy and principles of natural justice and violative of the fundamental rights guaranteed under Article 300A of the Constitution of India and consequently to direct the respondent authorities to maintain the 100 feet road from Guntur to Gheerala via Bapatla. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and orders of the High Court dated 11.11.2019, 14.11.2019, 13.12.2019, 24.01.2020 & 07.02.2020 made herein and upon hearing the arguments of Sri Venkateswara Rao Gudapati, Advocate for the Petitioner, GP for Municipal Administration & Urban Development for Respondent No.1, Sri M. Manohar Reddy, Standing Counsel for Respondent Nos.2 & 3, Sri S.S. Varma, Standing Counsel for Respondent Nos.4 & 5, directed issue of notice to the Respondent herein to show cause as to why this Writ Petition should not be admitted. You viz: ~ 1. The Principal Secretary, Municipal Administration Department, State of AP, Secretariat, Velagapudi, Guntur District, Amaravati, The Commissioner, Bapatla Municipality, Bapatla, Guntur District. The Town'Planning Officer, Bapatla Municipality, Bapatla, Guntur District. The Director, National Highways Authority of India, G-5 and 6, Sector -10, Dwaraka, New Delhi. - 110075. ° The Project Director, National High Ways Authority of India, Vasantha Residency, Mangalagiri Guntur, Guntur District. » oO 9 a WN are directed to show cause either appearing in person or through an Advocate on 28-09-2020 to which the case stands posted for hearing, as to why in the circumstances as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith (copy enclosed) this WRIT PETITION should not be admitted IA NO: 1 OF 2019 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 respondent authorities not to make any construction abutting the northern side of petitioner site, on D. No. 475/1 in D.No.14-1-1 of Sikharamvari Street, Ward No.26, Baptla, Guntur District, encroaching on to the public road leading Guntur to Chirala NH 216A, pending disposal of WP 17988 of 2019, on the file of the High Court. ORDER:
"Notice before admission.
Sri M.Manohar Reddy, learned Standing Counsel appearing for 2" respondent, seeks time to file counter.
Registry is directed to print the name of Sri M.Manohar Reddy, learned Standing Counsel for respondent-Municipality. Post on 28.09.2020.
Interim order granted earlier is extended till then." Sd/-G.SrinivasaReddy ASSISTANT REGISTRAR ITRUE COPY// 5 For ASSISTANT REGISTRAR To
1. The Principal Secretary, Municipal Administration Department, State of AP, Secretariat, Velagapudi, Guntur District, Amaravati,
2. The Commissioner, Bapatla Municipality, Bapatla, Guntur District.
3. The Town Planning Officer, Bapatla Municipality, Bapatla, Guntur District.
4. The Director, National Highways Authority of India, G-5 and 6, Sector -10, Dwaraka, New Delhi - 110075.
5. The Project Director, National High Ways Authority of India, Vasantha Residency, Mangalagiri Guntur, Guntur District. (1 to 5 by RPAD- along with a copy of petition and memorandum of grounds) OneCC to Sri: Venkateswara Rao Gudapati, Advocate [OPUC] Two CCs to GP for Municipal Administration ,High Court of Andhra Pradesh. [OUT] One CC to Sri S.S. Varma, Standing Counsel, (OPUC) One CC to Sri M. Manohar Reddy, Standing Counsel (OPUC)
10. One spare copy SP oO ON ® HIGH COURT MGR, J DATED:31/08/2020 POST ON 28.09.2020.
ORDER © NOTICE BEFORE ADMISSION \ WP.No.17988 of 2019 INTERIM ORDER EXTENDED