Andhra Pradesh High Court - Amravati
M Murali Krishna vs The State Of Ap on 23 September, 2020
Author: J. Uma Devi
Bench: J. Uma Devi
agit ra IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVTI (SPECIAL ORIGINAL JURISIDICTION) WEDNESDAY , THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY 'PRESENT: THE HONOURABLE SRI JUSTICE RAKESH KUMAR AND THE HONOURABLE MS JUSTICE J. UMA DEVI WP (PIL) NO: 242 OF 2020 Between: M. Murali Krishna, S/o Venkateswarlu, AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary, Roads and Buildings Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur istrict. The District Collector,, Prakasam District, Ongole. The District Panchayat Officer, Ongole. The Superintending Engineer, RWS andS Circle, Ongole. The Superintending Engineer, R andB Department, Ongole Circle, Ongole. The Executive Engineer,, R and B Department, Ongole Division, Ongole. The Deputy Executive Engineer, R and B Department, Chirala Sub Division, Chirala, Prakasam District 9. ore Assistant Executive Engineer, R and B Department, Inkollu, Prakasam istrict. 10. The Tahasildar,, Inkollu Mandal, Prakasam District. 11, The Mandal Parishad Development Officer, Inkollu, Prakasam District 12. The Gram Panchayat,, Inkollu, Prakasam District, Rep., by its Secretary. N Co NO) on BR Go ; The petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring: |. action of the respondents in not removing the illegal encroachments from Market yard in Inkollu Parchuru R and B Road to Officers Club in Inkollu - Ongole Road, from M.R.O. Office in inkollu. - Gangavaram R and B Road to TTI college in Inkollu - Satharavur Road, from Rama Mandiram in Parchur Road to Malapalle Smasanam ( Grave Yard ) in Hanumoji Palaem, from Anjaneya Swamy Temple in Parchur Road to T.T.D. Kalyana mandapam in Pavuluru Road, from Alankar Cinema Hall to Cold storage in the road going to KadavaKuduru and the encroachments on the public Canal / Drain in front of the Bus Station on the western side of the Bus Station more particularly on the northern side of the existing Bridge / culvert on the canal in Inkollu Village, and other Constructions made there on, and in not removing the sediment in the places where ever required and allowing the drainage water going into the water tank known as Nagula Cheruvu, which is used fer drinking water and to declare the same as illegal, arbitrary, unconstitutional, in violation of the provisions of the Andhra Pradesh Panchayat Raj Act 1994. ll. and consequently direct the Respondents to remove the encroachments and construct side canals and for renovate the canal / Drain by removing the sediment where ever required and construct culverts properly so that the drain water can not go into the public tank popularly known as Nagula Cheruvu and for construction of Canals by removing the encroachments on either side of the road from Market yard in Inkollu - Parchuru R and B Road to Officers Club in Inkollu - Ongole Road, from M.R.O. Office in inkollu - Gangavaram R and B Road to ITT college in Inkollu - Satharavur Road, from Rama Mandiram in Prchur Road to Malapalle Smasanam ( Grave Yard ) in Hanumoji Palaem, from Anjaneya Swamy Temple in Parchur Road to T.T.D. Kalyana mandapam in Pavuluru Road, from Alankar Cinema Hall to Cold storage in the road going to KadavaKuduru. 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 to consider the representation made by the petitioner dated 5-9-2020 pending disposal of WP(PIL) 242 of 2020, on the file of the High Court. IA NO: 2 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 respondents to take immediate steps for stopping the illegal constructions being raised by encroaching the canal / drain, pending disposal of the WP(PIL) 242 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 Sri V.S. K. Rama Rao Advocate for the Petitioner and learned GP for Revenue appearing for the Respondent No.3, the Court made the following. ORDER:
(Proceedings taken up through video conferencing) Sri G.L.Nageswara Rao, learned Government Pleader for Revenue representing respondent No.3-District Collector makes a prayer for granting time to get instructions and file proper response. The present writ petition, which has been filed as Public Interest Litigation, is for the purpose of removal of unauthorized encroachment on public land by the side of roads and even encroachment on roads. In such view of the matter, the Court expects that immediately after noticing such encroachment, respondent No.3 before filing its response, may take appropriate step, so that, such encroachment, if any, can be removed.
As prayed, six weeks time is granted. Put up on 04.11.2020.
Sd/- M. SURYANATHA REDDY. | ASSISTANT REGISTRAR TRUE COPY// Sue For ASSISTANT R: an
1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District..
The Principal Secretary, Roads and Buildings Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The District Collector,, Prakasam District, Ongole. The District Panchayat Officer, Ongole. The Superintending Engineer, RWS and S Circle, Ongole. The Superintending Engineer, R and B Department, Ongole Circle, Ongole. The Executive Engineer, R and B Department, Ongole Division, Ongole. To NOOR
8. The Deputy Executive Engineer, R and B Department, Chirala Sub Division, Chirala, Prakasam District
9. The Assistant Executive Engineer, R and B Department, Inkollu, Prakasam District.
10. The Tahasildar,, Inkollu Mandal, Prakasam District.
11. The Mandal Parishad Development Officer, Inkollu, Prakasam District
12. The Secretary, Gram Panchayat, Inkollu, Prakasam District, (1 to 12 by RPAD)
13.One CC to Sri V. S. K. Rama Rao, Advocate [OPUC]
14.Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh, [OUT]
15.Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
15. One spare copy TVR & é < HIGH COURT RKJ & JUDJ DATED:23/09/2020 ORDER WP(PIL).No.242 of 2020 PUT UP ON 04.11.2020 Le ee ANDES Loos © or AND es JE Re CLAD.
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