Andhra Pradesh High Court - Amravati
Manne Jayachandra, vs State Of Andhra Pradesh, on 24 February, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~* (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE . :PRESENT: THE HONOURABLE THE CHIEF JUSTICE ARUP KUMAR GOSWAMI AND . THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR WRIT APPEAL NO: 51 OF 2021 (Appeal filed under Clause 15 of the Letters Patent, against the order dated 03.11.2020 passed in W.P.No.18455 of 2020) Between: 1. Manne Jayachandra, S/o. Rambabu, Aged 33 years, Occ Doctor, R/o. Flat ~ No.208, Sindhu Priya Apartments, Opp Market Yard, Beside Reliance Petrol Bunk, Sultanabad, Tenali, Guntur District. . 2. Pasumarthi Jayasree Naga Shalini, W/o. Manne Jayachandra, Aged 29 Years, Occ Doctor, R/o. Flat No.208, Sindhu Priya Apartments, Opp Market Yard, Beside Reliance Petrol Bunk, Sultanabad, Tenali, Guntur District. | _ Appellants AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. Tenali Municipality, Rep. by its Commissioner, Tenali, Guntur District. Town Planning Officer, Tenali Municipality, Tenali, Guntur District. oN Respondents
WHEREAS the Appellants above named through their Advocate SRI SITA RAM CHAPARLA Advocate for the Appellants, presented this Writ Appeal under Clause | 15 of the Letter Patent, filed against the order made in WP.No.18455 of 2020, dated 13.11.2020, on the file of the High Court.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI SITA RAM CHAPARLA for Appellants, learned GP for Municipal Administration and Urban Development for Respondent No.1 and Sri M.Santosh Reddy, learned Standing Counsel for Respondent Nos.2 & 3, directed issue of notice to the Respondents, herein returnable in Six weeks to show cause as to why this WRIT APPEAL should not be admitted. You viz:
1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Arnaravati, Guntur District.
The Commissioner, Tenali Municipality, Tenali, Guntur District.
The Town Planning Officer, Tenali Municipality, Tenali, Guntur District.
won are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT APPEAL should not be admitted on or before 08.01.2021, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 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 suspend the operation of Proceedings in No.BPS2019/TEN/10/43410, dt.16.10.2019 issued by the 2"° respondent and consequently direct the respondents not to demolish any portion of petitioners' building property bearing D.No.3-14-72, Nehru Road, 10" Ward, 3 Block Gandhi Nagar, Tenali, Guntur District, pending disposal of WA No. 51 of 2021, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
(Taken up through Video Conferencing) Heard Mr.Sita Ram Chaparla , learned standing counsel for the appellants. Also heard Mr.M.Santosh Reddy, learned counsel for respondents 2 and 3. Issue notice, returnable in six weeks Notice upon respondent No.1 may be served through learned Government Pleader for Municipal Administration & Urban Development.
Until further orders, the respondents are directed not to demolish any portion of the appellants' building property bearing D.No.3-14-72, Nehru Road, 10" Ward, 3 Block Gandhi Nagar, Tenali, Guntur District.
Issue notice in I.A.No.1 of 2021 also, returnable in six weeks.
List after six weeks. SD/- A.VIJAYA BABU ASSISTANT REGISTRAR IITRUE COPY// bn A For / SECTION OFEICER
1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
The Commissioner, Tenali Municipality, Tenali, Guntur District.
The Town Planning Officer, Tenali Municipality, Tenali, Guntur District.(1 to 3 by RPAD- along with a copy of Appeal and memorandum of grounds) One CC to Sri Sita Ram Chaparla , Advocate [OPUC] One CC to Sri Santosh Reddy, Advocate [OPUC] Two CCs GP for Municipal Administration and Urban Development, High Court of A.P.(OUT) Two spare copies.
To N OO Wh SRL af HIGH COURT HCJ & CPKJ DATED: 24/02/2021 NOTE: LIST AFTER SIX WEEKS NOTICE BEFORE ADMISSION WA.No.51 of 2021 DIRECTION AND;
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