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Andhra Pradesh High Court - Amravati

Munnangi Gopi Reddy, vs The State Of Andhra Pradesh, on 9 November, 2020

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE NINTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY f
'PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

 

WRIT PETITION NO: 20564 OF 2020 /
Between:
Munnangi Gopi Reddy, S/o late Sri Munnangi Venkateswara Reddy, aged about
62 years, R/o 5-184B Weavers Colony, Sai Nagar, Mangalagiri, Mangalagiri
Mandal, Guntur District, A.P 522503.
...Petitioner
AND
1. The State of Andhra Pradesh, Through its principal secretary MA & UD
Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Mangalagiri Municipal Corporation, Through its Commissioner, Municipal
Corporation Building, Mangalagiri, Guntur District, A.P.
3. The District Collector, Guntur District, Collector Office Rd, R and B Quarters,
Guntur, Andhra Pradesh 522004.
4. The Revenue Divisional Officer, Mangalagiri, Guntur Division, Guntur, A.P
| ...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, order, or direction more particularly one in the nature of writ of Mandamus

a. declaring the impugned notice issued vide R.O.C.No 1291/2020/G1 dated
21.09.2020 asking to remove the statue of the Late Ex-Chief Minister Dr.Rajasekhara
Reddy as illegal and ultra vires to Articles 14 of the Indian Constitution, besides being
violative of Doctrine of principles of natural justice.

b. Setting aside and quashing the impugned notice issued vide R.O.C.No 1291/2020/G1
dated 21.09.2020 for being illegal and ultra vires to Articles 14 of the Indian
Constitution, besides being violative of Doctrine of principles of natural justice.

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 stay the
impugned notice issued vide R.O.C.No:1291/2020/G1 dated 21.09.2020, pending final
disposal of WP 20564 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 Manoj Kumar Bethapudi,
Advocate for the Petitioner and of GP for Muncipal Administration and Urban
Development for the Respondent No.1, Sri M.Manohar Reddy, Standing Counsel for
Respondent No. 2 and GP for Revenue for Respondent Nos 3 & 4 and the Court made
the following.

ORDER:

"Learned Standing Counsel for the 2" respondent has stated that as only the show cause notice was issued, for which a reply can be given by the petitioner and the same will be considered as per law. However, a similar representation is made by the Assistant Government Pleader for Revenue representing the respondents No.3 and 4. However, the learned counsel for the petitioner states that in view of case law that he is relying upon and the G.O., he would like the matter to be adjudicated by this Court only. _ oe In that view of the matter, the respondents are directed to file counter affidavits.

List on 30.11.2020 for counter. The status quo with regard to statute shall be preserved in this interim period." x oo SD/- K.VENKAIA ASSISTANT REGIST ITTRUE COPY// For ASSISTANT ISTRAR To,

1. The Principal Secretary, Muncipal Administration and Urban Development, State of Andhra Pradesh, Through its Department, Secretariat, Velagapudi, Amaravati, Guntur District.

2. The Commissioner, Mangalagiri Municipal Corporation, Municipal Corporation Building, Mangalagiri, Guntur District, A.P. .

3. The District Collector, Guntur District, Collector Office Rd, R and B Quarters, Guntur, Andhra Pradesh 522004.

4. The Revenue Divisional Officer, Mangalagiri, Guntur Division, Guntur, A.P (1 to 4 by RPAD)

5. One CC to Sri. Manoj Kumar Bethapudi, Advocate [OPUC]

6. One CC to Sri M. Manohar Reddy, Standing Counsel. [OPUC]

7. Two CCs to GP for Muncipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]

8. Two CCs to GP for Revenue, High Court of AP [OUT]

9. One spare copy.

MSB oo SL HIGH COURT DVSS,J DATED:09/11/2020 ORDER LIST ON 30.11.2020 FOR COUNTER WP.NO.20564 OF 2020 STATUS QUO NEN Oe)