Andhra Pradesh High Court - Amravati
Velpula Anitha vs The State Of Ap on 8 July, 2019
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
[ 2693 ]
(SHOW CAUSE NOTICE BEFORE ADMISSION)
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINETEEN
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO: 8620 OF 2019
Between:
1. Velpula Anitha, W/o Velpula Paul
2. Velpula Kumari, W/o Velpula Babu Rao
3. Velpula Jaanu @ Miriyamrna, D/o Velpula Jakraiah,
Petitioners
AND
1. The State of Andhra Pradesh, Rep.by the Principal Secretary Department of
Muinicipal Administration A.P. Secretariat, Velagapudi, Amaravathi Guntur
District, Andhra Pradesh
2. The Vijayawada Municipal Corporation, represented by its Commissioner,
Vijayawada, Krishna District.
3. Ramanadham Prasada Rao, S/o Venkateswarlu, resident of Flat No.3 Block
No.151, Back Side Railway Track Luna Centre, Vijayawada-520015
Respondents
WHEREAS the Petitioner above named through his Advocate SRI.K.JITENDRA 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, direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not taking action against the respondent no.3 in pursuance of the statutory legal notice, dated 25-06 2019 under Sec. 80 of C.P.C. issued by the petitioners is illegally, arbitrary Articles 19, 21 and 300-A of the Constitution of India and in violation of principle of natural Justice and consequently direct the respondent no.2 to demolish the illegal structure made by the 3rd respondent in House bearing Number 42-68-21/3, measuring 133/1.3 square yards Situated at Block No.17, Ajit Singh Nagar, Vijayawada, Krishna District;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI.K.JITENDRA Advocate for the Petitioners, 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 Department of Municipal Administration, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh
2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District.
3. Ramanadham Prasada Rao, S/o Venkateswarlu, resident of Flat No.3 Block No.151, Back Side Railway Track Luna Centre, Vijayawada-520015 are directed to show cause posted 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.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
The learned counsel for the petitioners is permitted to take out personal notice to the 3rd respondent by R.P.A.D. and file proof of service within a period of two weeks.
The learned standing counsel for Vijayawada Municipal Corporation takes notice on behalf of the 2nd respondent and seeks time to get instructions.
Post the matter after filing proof of service.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To,
1. The Principal Secretary Department of Municipal Administration, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh
2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District.
3. Ramanadham Prasada Rao, S/o Venkateswarlu, resident of Flat No.3 Block No.151, Back Side Railway Track Luna Centre, Vijayawada-520015 (1 to 3 by RPAD- along with a copy of petition and affidavit)
4. One CC to SRI.K.JITENDRA Advocate [OPUC]
5. Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court Of Andhra Pradesh. [OUT]
6. One spare copy SRL HIGH COURT KVLJ DATED:08/07/2019 NOTE: POST THE MATTER AFTER FILING PROOF OF SERVICE NOTICE BEFORE ADMISSION WP.No.8620 of 2019 DRAFTED BY: SRL DRAFTED ON: 09.07.2019 HIGH COURT KVLJ DATED:08/07/2019 NOTE: POST THE MATTER AFTER FILING PROOF OF SERVICE NOTICE BEFORE ADMISSION WP.No.8620 of 2019