Andhra Pradesh High Court - Amravati
Ambati Obulreddy vs The State Of Andhra Pradesh, on 12 February, 2021
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
is ae IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAY| i (Special Original Jurisdiction) \ OE FRIDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENEY' :PRESENT: we THE HONOURABLE SRI JUSTICE NINALA JAYASURYA . WRIT PETITION NO: 3116 OF 2021 Between: Ambati Obulreddy, S/o. Jamala Reddy, V.Venkatanarayna Reddy, S/o. Rami Reddy, V.Tirumal Reddy, S/o. Siva Reddy, Gudur Srinivas Reddy, s/o. Rami Reddy, Settipalli Rosi Redy, S/o. Pedda Rami Reddy, Vemireddy Ranga Reddy, S/o. Brahmareddy, OARWN Petitioners . . AND ; - The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue _ Department, Secretariat Buildings, Velgapudi, Guntur District. The District Collector, Krishna District At Machilipatnam The Tahsildar, Mylavaram Mandal, Mylavaram, Krishna District. The Velvadam Gram Panchayat,, Velvadam, Mylavaram Mandal, Krishna District, rep. by its Panchayat Secretary. ; Mudumunthala Lazaru, S/o. not known to The petitioners, Aged - Major, r/o. Velvadam Village, Mylavaram Mandal, Krishna District. -- a PWN Respondent 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 respondents in not taking any action against the illegal construction proceeded by the 5th respondent even without obtaining any permission or sanction from the 4th respondent, inspite of bringing to their notice through the representation dated 25.9.2020 and the reminder representation dated 18.12.2020 to the 3rd respondent as being illegal, arbitrary and is in violation of principles of Natural Justice and fair play, apart from violation of Articles 19 and 21 of the Constitution of India and consequently direct the respondents to forthwith remove the illegal constructions made by the 5th respondent forthwith, 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 herein to forbear the 5'" respondent from proceeding with any construction of Prayer house consequently to remove the illegal constructions made by the 5th respondent, pending disposal of the above writ petition No. 3116 of 2021, 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 Sri J.U.M.V. Prasad, Advocate for the Petitioners and GP for REVENUE, for Respondents No. 1 to 4 and the Court made the following: ORDER
"Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue and Mr. [.Koti Reddy, learned counsel for respondent No.4, who seeks further time to get instructions in the matter.
The grievance of the petitioners in the present writ petition is that respondent No.5 is constructing a prayer hall without obtaining any permission or sanction from the respondent authorities. The learned counsel for the petitioners while reiterating the contentions raised in the writ petition submits that against the illegal constructions undertaken by respondent No.5, a | ¥ representation was made on 25.09.2020 to the respondent Nos.2 to 4 and though the same was received no action was taken by them and respondent No.5 is going on with construction. The learned counsel also states that another representation was submitted to respondent No.3 on 18.12.2020 and the same also not yielded any response. The learned counsel submits that under the said circumstances, the petitioners are constrained to approach this Court. He submits that the construction of the prayer hall without obtaining permission by respondent No.5 is causing inconvenience to the petitioners and respondent No.5, who is having political support, is proceeding with the construction on a war footing basis. Though this Court granted time to the learned Assistant Government Pleader for Revenue for securing instructions in the matter, it appears that the concerned respondents have not furnished the same. In the said circumstances, this Court has no option except to consider the request for granting interim orders.
Accordingly, considering the submissions made by the learned counsel for the petitioners, there shall be interim direction to the respondent authorities not to allow further construction of the prayer house near Sivalayam Temple, Redla Bazar, velvadam, for a period of eight (8) weeks.
The learned counsel for the petitioners is permitted to take Out personal notice to respondent No.5 by registered post with acknowledgment due and file proof of service within three (3) weeks.
Post after four (4) weeks."
Sdi/- A. Surya Prakasa Rao DEPUTY REGISTRAR : Wa /ITRUE COPY// SECTION OFFICER For, To,
1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Velgapudi, Guntur District, A.P. The District Collector, Krishna District At Machilipatnam, A.P. The Tahsildar, Mylavaram Mandal, Mylavaram, Krishna District, A.P. The Panchayat Secretary, Velvadam Gram Panchayat, Velvadam, Mylavaram Mandal, Krishna District, A.P. Sri Mudumunthala Lazaru, R/o. Velvadam Village, Mylavaram Mandal, Krishna District, A.P. (Addressee Nos. 1 to 5 by RPAD) One CC to SRI. JU MV PRASAD Advocate [OPUC] Two CCs to GP FOR REVENUE sHigh Court Of Andhra Pradesh. [OUT} One spare copy a FON A OND HIGH COURT NJSJ DATED:12/02/2021 NOTE : POST AFTER FOUR (4) WEEKS.
ORDER WP.NO.3116 OF 2021 <2 DIRECTION / 2 0 FEB ce!