Andhra Pradesh High Court - Amravati
Challa Anantha Reddy, vs The State Of Andhra Pradesh on 25 February, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) ee op THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY SAY TWO THOUSAND AND TWENTY ONE fs : 'PRESENT: Wee THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO Ww SQ SY 2 WRIT PETITION NO: 23194 OF 2020 NS Between: my Challa Anantha Reddy, S/o. Venka Reddy. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Endowment Dept, Secretariat Building, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Endowments Department, Velagapudi, Amaravathi, Guntur District. A.P 3. The Deputy Commissioner, Endowments Department, Ongole, Prakasam District. 4. The Assistant Commissioner, Endowments Department, Prakasam District, Ongole. 5. Sri Kamatheswara Swamy Temple, Rep. by its Executive Officer, Addanki Town and Mandal, Prakasam District. 6. The District Collector, Prakasam District, Ongole. 7. The Municipal Commissioner, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District. 8. The Town Planning Officer, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District. 9. Pakanati Anji Reddy, S/o. Penchala Reddy, age 50 years, R/o. Venkatapuram Village, Sub - Urban Addanki, Addanki Mandal, Prakasam District. ...Respondents 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not considering the representation of the petitioner dated 30.11.2020 in regarding the unauthorized constructions made by the g"" respondent by encroaching the land belonging to the Sri Kamatheswara Swamy temple. in Survey No.986 of Addanki Town (Sai Nagar), Addanki Prakasam District as illegal, contrary to law, arbitrary, against the principles of natural justice, and violation of Article 14 of the constitution of India without jurisdiction and consequently to direct the 2 to 8" respondents to consider the representation of the petitioner dated 30.10.2020 by removing the unauthorized constructions made by the g" respondent in land belonging to the Sri Kamatheswara Swamy temple land in Survey No.986 of Addanki Town (Sai Nagar), Addanki, Prakasam District and restore the land forthwith. IA NO: 1 OF 2020 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 2 to 8'" respondents to consider the representation of the petitioner dated 30.10.2020 by removing the unauthorized constructions made by the 9th respondent in land belonging to the Sri Kamatheswara Swamy temple land in Survey No. 986 of Addanki Town (Sai Nagar), Addanki, Prakasam District and restore the land forthwith, pending disposal of WP 23194 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Smt Marella Radha, Advocate for the Petitioner and of GP for Endowments for the Respondent Nos.1 to 4, Sri G.Ramana Rao, Standing Counsel for 5" Respondent, GP for Revenue for en Respondent and Sri M.Manohar Reddy, Standing Counsel for 7 & 8, the Court made the following. ORDER:
"This Court on 21.01.2021 had directed the 5" respondent to take necessary steps for taking action against the 9" respondent. Thereafter, this matter again came up on 28.01.2021, 29.01.2021, 02.02.2021, 05.02.2021 and 17.02.2021. Except seeking time, the 5" respondent has not done anything till that day. The matter was again posted to today i.e., on 25.02.2021. The 5th respondent again seeks time on the ground that valuation certificate should be obtained and certified copy of the order of this Court in A.S.No.990 of 1998 dated 03.12.1998 requires to _be obtained.
It is clear that the 5" respondent, except seeking time, does not propose to take any action. In the circumstances, the 5" respondent shall appear before this Court on 01.03.2021 to explain what are the actions, he has taken till date in pursuance of the directions of this Court dated 21.01.2021. The learned Standing Counsel shall inform the 5" respondent about the direction of this Court calling upon his presence on 01.03.2021." Sd/- T.MADHAVI .
ASSISTANT REGISTRA IfTTRUE COPY// SECTION OFFICER To,
1. The Principal Secretary Endowment Dept, State of Andhra Pradesh, Secretariat Building, Secretariat, Velagapudi, Guntur District.
2. The Commissioner, Endowments Department, Velagapudi, Amaravathi, Guntur District. A.P
3. The Deputy Commissioner, Endowments Department, Ongole, Prakasam District.
4. The Assistant Commissioner, Endowments Department, Prakasam District, Ongole.
5. Executive Officer, Sri Kamatheswara Swamy Temple, Addanki Town and Mandal, Prakasam District.
6. The District Collector, Prakasam District, Ongole.
7. The Municipal Commissioner, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District.
8. The Town Planning Officer, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District.
9. Pakanati Anji Reddy, S/o. Penchala Reddy, R/o. Venkatapuram Village, Sub - Urban Addanki, Addanki Mandal, Prakasam District.(by RPAD)
10.One CC to Smt. Marella Radha, Advocate [OPUC]
11.One CC to Sri G.Ramana Rao, Standing Counsel [OPUC]
12.One CC to Sri M.Manohar Reddy, Standing Counsel [OPUC]
13. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT]
14.Two CCs to GP for Revenue, High Court of AP [OUT]
15.One spare copy.
MSB HIGH COURT RRR,J DATED:25/02/2021 ORDER WP.No.23194 of 2020 INTERIM DIRECTION o Hat ;
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