Andhra Pradesh High Court - Amravati
Pirri Rajamani, vs State Of Andhra Pradesh, on 5 February, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTON) FRIDAY , THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION NO: 2870 OF 2021 Between: Pirri Rajamani,, W/o. Pirri Appala Raju, AND Petitioner 1. State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam 3. The Assistant City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the the existing house with D.No.6-26/1/14 situated in Sy.No.179 part of Paradesipalem at Marikavalasa adjacent to JNNURM colony pursuant to the notices in UC No.47/2020/ACPI/WPRS75, dated 07.12.2020 and UC No.47/2020/ACPIWPRS75, dated 18.1.2021 as illegal, arbitrary, principles of natural justice, one without jurisdiction and in violation of provisions of Andhra Pradesh Municipal Corporation Act, 1994 and violation of Article 300A of the Constitution of India and consequently direct the respondents not to demolish the petitioners house. 1A NO: 1 OF 2021 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 pleased to direct the respondents not to demolish the existing house with D.No.6- 26/1/14 situated in Sy.No.179 part of Paradesipalem at Marikavalasa adjacent to JNNURM colony by suspending the notices in UC No.47/2020/ACPIMWPRS75, dated 07.12.2020 and UC No.47/2020/ACPIMWPRS75, dated 18.1.2021, pending disposal of WP 2870 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 C. Subodh Advocate for the Petitioner, GP for Municipal Administration for the Respondent No.1 and of Sri S. Lakshminarayana Reddy, Standing Counsel for the Respondent Nos.2 & 3, the Court made the following. ORDER:
Learned standing counsel for the respondents states that papers were only served at 2.05 P.M., He seeks time to get instructions. List on 10.02.2021.
Till then, the respondents are directed not to take coercive steps for demolition of the petitioner's building. Onn Sdi-T.Madhavi / SSISTANT REGISTRAR IITRUE COPYI// ASS Ph RE n my For SECTION OFFICER To The Principal Secretary,, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam The Assistant City Planner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam (1 to 3 by RPAD) One CC to SriC. Subodh, Advocate [OPUC] Twos to GP for Municipal Administration ,High Court of Andhra Pradesh. [OUT] One CC to Sri S. Lakshminarayna Reddy, Standing Counsel (OPUC) One spare copy HIGH COURT DVSSJ DATED:05/02/2021 ORDER WP.No.2870 of 2021 \0°02° 2021 LIST ONWO.02.2028