Andhra Pradesh High Court - Amravati
Shaik Rasool vs The State Of Ap on 9 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
HIGH COURT OF ANDHRA PRADESH : AMARAVATI
TUESDAY, THE NINTH DAY OF JULY
TWO THOUSAND AND NINETEEN
:PRESENT:
THE HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 7905 OF 2019
Between:
1. Shaik Rasool, S/o. Shaik Sultan
2. Shaik Basha, S/o. Shaik Sultan
3. Maddu Swarnalatha, W/o. Nagabhushana Vidya Sagar
Petitioners
AND
1. State of A.P., rep. by the Principal Secretary, Municipal Administration Department,
Secretariat, Amaravati, Velagapudi, Guntur District.
2. The Bapatla Municipality, rep. by its Commissioner, Bapatla, Guntur District.
3. The Tahsildar, Bapatla Mandal, 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 an order or
direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of
the respondent authorities in asking the petitioners to evict from the petitioners' buildings
bearing Door Nos. 11-8-16, 11-8-18 and 11-8-18/3 in Ward No. 18, Opposite to Police Quarters,
Andrew's Pet, Bapatla municipality, Bapatla, Guntur District without issuing any notice or
acquiring the property and without payment of compensation is absolutely arbitrary, illegal, null
and void and against norms of public policy and principles of natural justice and violative of
Article 300-A of Constitution of India and consequently to direct the respondent authorities to
follow the due process of law for acquiring the petitioners' properties or for laying of the road
IA NO: 1 OF 2019:
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 respondent
authorities not to interfere with the possession of the petitioners' properties bearing Door Nos.
11-8-16, 11-8-18 and 11-8-18/3 in Ward No. 18, Opposite to Police Quarters, Andres's Pet,
Bapatla municipality, Bapatla, Guntur District, pending disposal of WP No. 7905 of 2019 on the
file of the High Court.
The petition coming on for hearing, upon perusing the petition and the affidavit filed
herein and the order of the High Court dated. 25-06-2019 made herein and upon hearing the
arguments of Sri Venkateswara Rao Gudapati, Advocate for the Petitioners, G.P. for Municipal
Administration for the Respondent No.1, Sri Balaji Medamalli - S.C. for the Respondent No.2
and of G.P. for Revenue for the Respondent No.3, there being no representation for the
Respondents, the Court made the following
ORDER:
" None appears for the respondents. Interim order granted earlier is extended for a further period of six (6) weeks. List after four (4) weeks."
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. Two CCs to G.P. for Municipal Administration, High Court, A.P. (OUT)
2. Two CCs to G.P. for Revenue, High Court, A.P. (OUT)
3. One CC to Sri Venkateswara Rao Gudapati, Advocate(OPUC) 4 One spare copy.
SAH HIGH COURT KVLJ DATED:09/07/2019 NOTE: LIST AFTER FOUR (4) WEEKS ORDER WP.No.7905 of 2019 EXTENDING THE INTERIM ORDER DRAFTED BY: SAH APPROVED BY:
DRAFTED ON: 10-07-2019 HIGH COURT KVLJ DATED:09/07/2019 NOTE: LIST AFTER FOUR (4) WEEKS ORDER WP.No.7905 of 2019 EXTENDING THE INTERIM ORDER