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Andhra Pradesh High Court - Amravati

Bodapati Bala Vinay Kumar vs The State Of Andhra Pradesh on 11 February, 2021

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

(SHOW CAUSE NOTICE BEFORE ADMISSION) ;
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI i

(SPECIAL ORIGINAL JURISDICTION) i

&

THURSDAY, THE ELEVENTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 3336 OF 2021

Between:

Bodapati Bala Vinay Kumar, S/o.Sri B.Bhaskara Rao.
Petitioner
AND

1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue
Department A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP.

2. The Appellate Tribunal Chairman-cum-District Collector, The Appellate Tribunal
of Maintenance and Welfare of Citizens, Eluru West Godavari AP.

3. The Chairman and Sub Collector, The Maintenance and Welfare of Parents and
Senior Citizens Tribunal, Narsapur, W.G.District, Andhra Pradesh.

4. Sri Bodapati Bhaskara Rao, S/o.Late Sri B.Rama Rao, Hindu, aged 60 years,
Occ: Business, R/o. Door No.17-4-1 Naraharisetti Vari Street, Bhimavaram,
W.G.District, Andhra Pradesh.

...Respondent

WHEREAS the Petitioner above named through his Advocate Sri K Chidambaram
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 or direction more particularly one in the nature of a writ of mandamus declaring
the Order in Appeal No.5/2020 dt.30-01-2021 passed by the 27 Respondent in confirming
the order in Roc.No.770/2019 (KRRCT) dt.12-11-2019 passed by the 3 Respondent while
exercising the power conferred upon them under the provisions of Maintenance and
Welfare of Parents and Senior Citizens Act, 2007 as the same are illegal, violative of
Principles of natural justice and also contrary to law and consequently to set aside the
same.

- AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri K Chidambaram, Advocate for the
Petitioner and of GP for Revenue for Respondent Nos.1 to 3, directed issue of notice to
the Respondent No.4 herein to show cause as to why this WRIT PETITION should not
be admitted.

You viz:

1. The Principal Secretary Revenue Department, State of Andhra Pradesh,
A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP.

2. The Appellate Tribunal Chairman-cum-District Collector, The Appellate Tribunal
of Maintenance and Welfare of Citizens, Eluru West Godavari AP.

3 The Chairman and Sub Collector, The Maintenance and Welfare of Parents and
Senior Citizens Tribunal, Narsapur, W.G.District, Andhra Pradesh.

4. Sri Bodapati Bhaskara Rao, S/o.Late Sri B.Rama Rao, R/o. Door No.17-4-1
Naraharisetti Vari Street, Bhimavaram, W.G.District, Andhra Pradesh.

are be and hereby directed to show cause either appearing in person or through an
Advocate, 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, on or before
22.02.2021, on which date the case stands posted for hearing.

IA 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 to grant stay
of all further proceedings in pursuance of the Order in Appeal No.5/2020 dt.30-01-2021
passed by the 2°¢ Respondent in confirming the order in Roc.No.770/2019 (KRRCT)
dt.12-11-2019 passed by the 3 Respondent pending disposal of WP No. 3336 of
2021, on the file of the High Court.

   
  
 

The Court made the following:
ORDER:

Notice before admission.

Learned counsel for the petitioner is permitted to take out personal notice to respondent Nos.4 through RPAD and file proof of service in the Registry within a period of ten (10) days.

Post on 22.02.2021.

In the meanwhile, no coercive steps shall be taken pursuant to the order of the 3" respondent, dated: 12.11.2019." Sd/- A. Surya Prakasa Rao DEPUTY REGISTRAR.

TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary Revenue Department, State of Andhra Pradesh, A.P.Secretariat, Velagapudi Amaravathi, Guntur District, AP.

2. The Appellate Tribunal Chairman-cum-District Collector, The Appellate Tribunal of Maintenance and Welfare of Citizens, Eluru West Godavari AP.

3. The Chairman and Sub Collector, The Maintenance and Welfare of Parents and Senior Citizens Tribunal, Narsapur, W.G.District, Andhra Pradesh.

4. Sri Bodapati Bhaskara Rao, S/o.Late Sri B.Rama Rao, R/o. Door No.17-4-1 Naraharisetti Vari Street, Bhimavaram, W.G.District, Andhra Pradesh. (1 to 4 by RPAD- along with a copy of petition and Affidavit.)

5. One CC to Sri. K Chidambaram Advocate [OPUC]

6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

7. One spare copy.

B HIGH COURT NJS,J DATED:11/02/2021 ORDER POST ON 22.02.2021 NOTICE BEFORE ADMISSION WP.No.3336 of 2021 INTERIM DIRECTION