Yadavalli Purushottam, vs The State Of Andhra Pradesh on 23 November, 2020

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Andhra Pradesh High Court - Amravati

Yadavalli Purushottam, vs The State Of Andhra Pradesh on 23 November, 2020

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\ IN THE HIGH COURT OF ANDHRA PRADESH AT amanAvar
(Special Original Jurisdiction)
MONDAY, THE TWENTY THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY

:PRESENT: es
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION Nos. 21419 and 21642 OF 2020
W.P.No.21419 OF 2020

Between:
Yadavalli Purushottam, S/o. Yadavalli Kameswara Rao
...Petitioner
AND

1. The State of Andhra Pradesh, Rep. by Pri. Secretary, Municipal Administration
Department, Secretariat, Velgapudi, Guntur District, AP
2. The Commissioner, Bapatla Municipality, Bapatla , Guntur 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 a Writ or order or
direction more particularly one in the nature Writ of Mandamus declaring the action of the
Respondents in issuing the Notice issued by the 2nd respondent vide Roc.No1501/2014/G1,
dt.10.11.2020 U/s. 231 (1) of A.P. Municipalities Act, 1965 to remove the structures in the G+1
building bearing Door No.10-1-89, Ratham Bazar Street, situated at Ward No.14 Bapatla,
Guntur District is without jurisdiction, illegal, arbitrary, highhanded, violative of principles of
natural justice and also violative of Article 21 and 300-A of the Constitution of India and also
contrary to the provisions of A.P Municipalities Act, 1965 and consequently direct the
respondents not to demolish and dispossess the petitioner from his property bearing building
bearing Door No.10-1-89, Ratham Bazar Street, situated at Ward No.14 Bapatla, Guntur
District.

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
respondents not to demolish the building bearing Door No.10-1-89, Ratham Bazar Street,
situated at Ward No.14 Bapatla, Guntur District, while suspending the Notice issued by the 2nd
respondent vide Roc.No1501/2014/G1, dt.10.11.2020 U/s. 231 (1) of A.P. Municipalities Act,
1965, pending disposal of the WP.No. 21419 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 the order of the High Court, dated 17.11.2020 made herein and upon
hearing the arguments of Senior Counsel for Sri Y.V.Anil Kumar, Advocate for the Petitioner,
G.P. for Municipal Administration for the Respondent No.1 and of Sri M.Manohar Reddy -- S.C.
for the Respondent No.2.

W.P.No.21642 OF 2020

Between: nal
1. Chandrapati Venkaiah, S/o.Narayana

Chandrapati Krishna Murthy, S/o.Narayana

Smt. TripuramalluRamaseetha, S/o.Vinay Kumar

Smt. Burle Sowbhagya Lakshmi, S/o. Late Venkata Prasad

RON

...Petitioners
AND

1. The State of Andhra Pradesh Department of Municipal Administration
Secretariat, Velagapudi, Amaravathi Guntur Rep by is Principal Secretary
The Bapatla Municipality Bapatla Town, Guntur District Rep by its Commissioner
The Commisisoner, The Bapatla Municipality Bapatla Town, Guntur 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
pass an order or direction or any other proceedings one in the nature of Writ of
Mandamus declaring the action of the 3rd respondent in issuing the notice Roc.No.
1501/2014/G1, dated 09.11.2020 for demolition of petitioners shops bearing Municipal
Door Nos. 10-1-78, 10-1-76, 10-1-77 and 10-1-53 with Municipal Assessment Nos.
1019001732, 1019001730, 1019001731 and 1019002801 situated in Ratham Bazaar,
Baptla Town, Guntur District as illegal, arbitrary and without jurisdiction and in violation
of orders of the Honble High Court in W.P.No. 17751 of 2020 besides violation of the
petitioner's rights guaranteed under Articles 14, 21 and 300A of the Constitution of India
and consequently set aside the same.

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 stay all
further proceedings pursuant the notice Roc.No. 1501/2014/G1, dated 09.11.2020
issued by the 3rd respondent for demolition of petitioners shops bearing Municipal Door
Nos. 10-1-78, 10-1-76, 10-1-77 and 10-1-53 with Municipal Assessment Nos.
4019001732, 1019001730, 1019001731 and 1019002801 situated in Ratham Bazaar,

Baptla Town, Guntur District, pending disposal of the WP.No. 21419 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 the order of the High Court, dated 20.11.2020 and upon
hearing the arguments of Senior Counsel for Sri Harish Kumar Rasineni, Advocate for
the Petitioner, G.P. for Municipal Administration for the Respondent No.1 and of Sri
M.Manohar Reddy -- S.C. for the Respondent No.2 & 3, the Court made the following:

ORDER:

_ Sri M.Manohar Reddy, learned Standing Counsel states that he did not get adequate instructions and wishes to file counter.

List on 21.12.2020.

Till then, interim orders granted in both the matters shall continue.

SD/-CH.V.SUBRAHMANYA SARMA"

ASSISTANT REGISTRAR f IMMRUE COPY// for ASSISTANT REGISTRAR To

1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velgapudi, Guntur District, AP The Commissioner, Bapatia Municipality, Bapatla , Guntur District. The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi Guntur oN a i"

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a c , ntur District. (1 to 4 by RPAD) Two CCs to G.P. for Municipal Administration, High Court, A.P. [OUT] One CC to Sri Y.V.Anil Kumar, Advocate [OPUC] One CC to Sri M.Manohar Reddy, Standing Counsel [OPUC] One spare copy ONDA SRL HIGH COURT DVSSJ DATED: 23.11.2020 NOTE: LIST ON 21-12-2020 ORDER WP.Nos.21419 & 21642 of 2020 EXTENSION OF EARLIER INTERIM ORDER

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Andhra Pradesh High Court - Amravati

Yadavalli Purushottam, vs The State Of Andhra Pradesh on 23 November, 2020