Andhra Pradesh High Court - Amravati
G.S.Srinivasa Raju, vs The State Of Andhra Pradesh, on 27 July, 2020
Author: D Ramesh
Bench: D Ramesh
[3208 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI --- (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE TWENTY SEVENTH DAY OF JULY, -- TWO THOUSAND AND TWENTY PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH ~~ WRIT PETITION NO: 12404 OF 2020 _ Between: G.S.Srinivasa Raju, S/o Late Ramakrishnam Raju, Aged about 50 years, Rio 27-3- 180/1, Official Colony, Srinagar, Gajuvaka, Visakhapatnam Petitioner-- AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District The Tahsildar, Rambilli Mandal, Visakhapatnam District The Executive Engineer, Irrigation and Command Area Development Department (Water Resources Department), Irrigation Division, Visakhapatnam 4. Gram Panchayat, Panchadarla, Rambilli Mandal, Visakhapatnam District, rep. by its Panchayat Secretary. oN Respondent --- WHEREAS the Petitioner above named through his Advocate Sri P ROY REDDY 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 Mandamus, declaring the action of the 2° Respondent in changing the nature of the existing 40 feet wide public road (gravel road) that connects the Petitioner's approved layout in Sy.No.153/P, 154, 155/P of Rajakodur Village and also the other abutting areas, to the main road (Apparaidupalem road), by causing trenches to be dug and in making preparations for demolishing the culvert on the said 40 feet wide public road (red gravel road), situated towards the north east of the layout, as illegal, irrational, without jurisdiction, suffering from malice-in-law and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the 2" Respondent not to change the original nature of the said 40 feet wide public road (red gravel road) in any manner whatsoever and not to demolish the culvert relating thereto. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P.,Roy Reddy, Advocate for the Petitioner and GP for Revenue for the Respondent Nos 1 & 2 and GP for irrigation for the respondent No.3 and GP for Panchayat for the Respondent No.4, 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, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Tahsildar, Rambilli Mandal, Visakhapatnam District 3. The Executive Engineer, Irrigation and Command Area Development Department (Water Resources Department), Irrigation Division, Visakhapatnam 4. Gram Panchayat, Panchadarla, Rambilli Mandal, Visakhapatnam District, rep. by its Panchayat Secretary..~ 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 24-08-2020, on which date the case stands posted for hearing. we IA NO: 1 OF 2020 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 2"° Respondent not to demolish the culvert situated on the 40 feet wide public road (red gravel road) that connects Petitioner's approved layout in Sy.No.153/P, 154, 155/P of Rajakodur Village and also the other abutting areas to the main road (Apparaidupalem road"), pending disposal of WP No. 12404 of 2020, on the file of the High Court." The Court made the following: ORDER:
"Notice before admission.
Post after four weeks.
There shall be interim direction, as prayed for. Officer is directed to print the name of Sri.I.Koti Reddy, learned standing counsel, for 4"" respondent." () © sp/- M. RAMESH BABU + ASSISTANT REGISTRAR IITRUE COPY// / For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Revenue Department, Secretariat, Velagapudi,_ -- Amaravathi, Guntur District The Tahsildar, Rambilli Mandal, Visakhapatnam District The Executive Engineer, Irrigation and Command Area Development Department (Water Resources Department), Irrigation Division, Visakhapatnam
4. Gram Panchayat, Panchadarla, Rambilli Mandal, Visakhapatnam District, rep. by its Panchayat Secretary. (Addresses 1 to 4 by RPAD- along with a copy of .~ petition and memorandum of grounds) One CC to Sri. P.Roy Reddy, Advocate [OPUC] ~ . Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One spare copy wn NO MM HIGH COURT DRJ DATED:27/07/2020 NOTE: POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.12404 of 2020 INTERIM DIRECTION