Andhra Pradesh High Court - Amravati
Kari Koteswaramma vs The State Of Andhra Pradesh on 29 June, 2021
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT: Ue THE HONOURABLE SRI JUSTICE DRAMESH T-" WRIT PETITION NO: 12386 OF 2021 Between: 1. Kari Koteswaramma, W/o Satyanarayana, Hindu, aged about 64 years, and resident of Cheruvukommupalem Village, Addanki Mandal, Prakasam District. 2. Kari Krishna Kumari, W/o Venkateswarlu, Hindu, aged about 66 years, and resident of Cheruvukommupalem Village, Addanki Mandal, Prakasam District. a | AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Municipal Administration and Urban development Department, Secretariat Buildings, Amaravathi-~ 2. Addanki Nagara Panchayat, rep.by its commissioner, Addanki Town and Mandal, Prakasam District. .. Petitioners naaeee Respondenis WHEREAS the Petitioner above named through their Advocate Sri Venkateswarlu Chakkilam 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 a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in undertaking the demolition of four rooms bearing Door No.9-581/1/2 and assessment No. 1447007566, situated in Survey No,1093/2 of North Addanki Village, Revenue-Ward No.i5, NRT Road, Addanki Town without any prior notice and without there being any acquisition proceedings as illegal, arbitrary, irregular, unreasonable, besides violative of Article 14, 21 and 300(A) of the CeriStitution of india, besides being violative of AP. Municipality Act-1965 and rules framed_thefe under and consequently direct the respondents nat to demolish any portion of the rooms stated above and not to interfere ' with our possession and enjoyment of the said rooms. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Venkateswarlu Chakkilam Advocate for the Petitioner and of GP for Municipal Administration and Urban Development for R.1 and Sri. M Manohar Reddy SC for Municipal and Municipal Cerporation for R.2, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary, Municipal Administration and Urban development Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi. 2. The Gommissioner,Addanki Nagara Panchayat, Addanki Town and Mandal, Prakasam District. are be and hereby 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 PETITION should not be admitted, on or before 02-08-2021 on which date the case stands posted for hearing. IA NO: 1 OF 2021 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 respondents not to demolish any portion of the rooms Reng D Noe S812 with present assessment No.1147007566, situated in Survey No.1093/2 of North Addanki Village, Revenue Ward No.15, NRT Road, Addanki Town, pending disposal of WP No. 12396 of 2021, on the file of the High Court, The Court made the following: ORDER:
ee "Notice before admission, returnable in four (04) weeks. Learned counsel for the petitioners submit that in the year 1996, the petitioners render filed a suit on the file of the Principal Junior Civil Judge, Addanki against the revenue officials and 2°° respondent and aftér elaborative discussion the same was decreased granting permanent injunction against the respondents.
In view of the same, the respondents are directed not to interfere and not to demolish the subject property, without following due process of law. For filing counter, post after four (04) weeks." SD/- AVIJAYA BABU ASSISTANT REGISTRAR Soe TRUE COPY/i Xo Fo SECTION'OFFICER To,
--+The Principal Secretary, Municipal Administration and Urban development Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi.
2.The Commissioner,Addanki Nagara Panchayat, Addanki Town and Mandal, / Prakasam District (RR 1 and 2 by RPAD- along with a copy of petition and memorandum of grounds)
3. One CC to Sri. Venkateswariu Chakkilam Advocate [OPUC] 4-One CC toSr. M Manohar Reddy SC for Municipal and Municipal Corporation, Advocate [OPUC]
5. "Two CC's to GP for Municipal Administration and Urban Development, High-Court of AP, Amaravati[OUT]
6. One spare copy PR HIGH COURT DRJ DATED:29/06/2021 FOR FILING COUNTER, POST AFTER FOUR (04) WEEKS. NOTICE BEFORE ADMISSION WP.No.12396 of 2021