Andhra Pradesh High Court - Amravati
Peddapalle Naga Narasimha Reddy vs The State Of Andhra Pradesh And Others on 30 July, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
APHC010135382024
IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-88
[3443]
AT AMARAVATI
WRIT APPEAL No.294 of 2024
Peddapalle Naga Narasimha Reddy ...Appellant
Vs.
The State of Andhra Pradesh and others ...Respondent(s)
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Ms. Aishwarya Nagula, Advocate for the appellant. Smt. S. Pranathi, Special Government Pleader, Advocate for Respondent No.1.
Mr. N. Ranga Reddy, Standing Counsel, Advocate for respondent No.2. Mr. C. Subodh, Advocate for respondent No.7.
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE NINALA JAYASURYA DATE : 30th July, 2024 PC:
WP.No.32429 of 2023 came to be filed by one Peddapalle Naga Narasimha Reddy (appellant herein) seeking a writ of Mandamus against the Allagadda Municipal Corporation for not taking action pursuant to the notice issued under Section 192 of the Andhra Pradesh Municipalities Act, 1965 against respondent Nos.3 to 7, who it was alleged were making illegal constructions in the land specified in the petition. 2
HCJ & NJS,J WA_294_2024
2. By virtue of an interim order, dated 30.01.2024, learned single Judge directed Siddaramreddy Soubhagya Lakshmi - respondent No.7 not to proceed any further with the construction over the subject land. This order, however, came to be vacated subsequently by virtue of order, dated 27.02.2024 when it was reported that the said respondent No.7 had since obtained permission for construction of the building from the municipal authorities.
3. The present writ appeal has been preferred against the order, dated 27.02.2024, on the limited ground that the interim order ought not to have been vacated inasmuch as while respondent No.7 assuming had obtained the building permission, yet, no action was being taken by the municipal authorities pursuant to the notice under Section 192 of the A.P Municipalities Act, 1965.
4. By virtue of our interim order, dated 22.04.2024 we had required the municipal authorities to take action against respondent No.7 in case there were any violations with regard to setbacks etc., and it has now been reported by learned counsel for Allagadda Municipal Corporation that there were violations committed by respondent No.7 and, therefore, action has been taken and the property has been sealed.
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5. Considering the fact that the issue is still pending before the learned single Judge, we do not wish to proceed any further in the matter leaving the parties free to agitate the issues before the learned single Judge.
6. The Writ Appeal is disposed of accordingly. No order as to costs. Miscellaneous applications pending, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ NINALA JAYASURYA, J Vjl