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Andhra Pradesh High Court - Amravati

Pusuluri Purna Chandra Rao vs The State Of Ap on 11 July, 2019

Author: Kongara Vijaya Lakshmi

Bench: Kongara Vijaya Lakshmi

                     (SHOW CAUSE NOTICE BEFORE ADMISSION)
                         HIGH COURT OF ANDHRA PRADESH
                       THURSDAY ,THE ELEVENTH DAY OF JULY
                           TWO THOUSAND AND NINETEEN
                                   :PRESENT:
              THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

                              WRIT PETITION NO: 8827 OF 2019


   Between:
   Pusuluri Purna Chandra Rao, S/o P.Rama Lingam,
                                                                                    Petitioner
                                              AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration
   and Urban Development, A.P Secretariat, Velagapudi.
2. The Commissioner, A.P, Capital Region Development Authority (CRDA), Lenin Center,
   Governorpeta, Vijayawada, Krishna District, State of A.P.
3. The Competent Authority, , A.P.C.R.D.A, Land Pooling Scheme, Unit-19, Sakhamuru
   Thullru Mandal, Guntur District, State of A.P
4. Smt. Vemavarapu Varalakshmi, W/o of V.Srinivasa Rao aged about 45 years R/o of
   D.No4-6-154, 3rd lane, Hanumayya Nagar, Koritipadu, Guntur
                                                                            Respondents

WHEREAS the Petitioner above named through his Advocate Sri M CHALAPATI RAO 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 pleased of Mandamus, declaring the inaction of the respondents 2 and 3 to proceed and complete the process under the AP-CRDA Act and the land pooling scheme under Chapter-IX of the said Act after execution of the agreement - cum- GPA in form No 9.14 between the petitioner and competent authority CRDA Sakhamuru Village (3rd Respondent) and not allotting plots to the petitioner and not registering them in his favour in respect of land of Ac 2-32 1/2 Cents in S.No 84 of Sakhamuru Village of Tulluru Mandal, Guntur Dist as arbitrary, illegal, unconscionable and violative of principles of natural justice and violative of article 300 A of Constitution of India and contrary to the spirit and objects of AP CRDA Act 2014 (Act 11 of 2014) and AP Capital City land pooling scheme(formulation and implementation) rules 2015 made there under and consequently direct the respondents 2 and 3 to complete the process under AP-CRDA Act and AP Capital City land pooling scheme(formulation and implementation) rules.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri M CHALAPATI RAO Advocate for the Petitioner, GP for Municipal Administration who takes notice for on behalf of Respondent No.1 and of Sri Kasa Jaganmohan Reddy, Special GP for who takes notice for on behalf of Respondent Nos.2 & 3, 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, Municipal Administration and Urban Development, State of Andhra Pradesh, A.P Secretariat, Velagapudi.
2. The Commissioner, A.P, Capital Region Development Authority (CRDA), Lenin Center, Governorpeta, Vijayawada, Krishna District, State of A.P.
3. The Competent Authority, , A.P.C.R.D.A, Land Pooling Scheme, Unit-19, Sakhamuru Thullru Mandal, Guntur District, State of A.P
4. Smt. Vemavarapu Varalakshmi, W/o of V.Srinivasa Rao, R/o of D.No4-6-154, 3rd lane, Hanumayya Nagar, Koritipadu, Guntur are directed to show cause as to why in the circumstances set out in the petition/appeal and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.

The Court made the following: ORDER:

Notice before admission.
Learned Government Pleader for Municipal Administration, appearing for 1st respondent, takes notice and seeks time to get instructions; Sri Kasa Jaganmohan Reddy, leanred Spl. Government Pleader, appearing for respondents 2 and 3, takes notice and seeks time to get instructions.
Learned counsel for the petitioner is permitted to take out personal notice on the 4th respondent by RPAD and file proof of service.
Post along with WP No.32118 of 2016 after four weeks.
ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, A.P Secretariat, Velagapudi.
2. The Commissioner, A.P, Capital Region Development Authority (CRDA), Lenin Center, Governorpeta, Vijayawada, Krishna District, State of A.P.
3. The Competent Authority, , A.P.C.R.D.A, Land Pooling Scheme, Unit-19, Sakhamuru Thullru Mandal, Guntur District, State of A.P
4. Smt. Vemavarapu Varalakshmi, W/o of V.Srinivasa Rao, R/o of D.No4-6-154, 3rd lane, Hanumayya Nagar, Koritipadu, Guntur (1 to 4 by RPAD- along with a copy of petition and affidavit)
5. One CC to SRI. M CHALAPATI RAO, Advocate [OPUC]
6. Two CCs to GP for Municipal Administration ,High Court Of Andhra Pradesh. [OUT]
7. One CC to Sri Kasa Jaganmohan Reddy, Spl. GP (OPUC)
8. One spare copy tvr HIGH COURT KVLJ DATED:11/07/2019 NOTICE BEFORE ADMISSION WP.No.8827 of 2019 drafted: tvr dated 15-07-2019 ` HIGH COURT KVLJ DATED:11/07/2019 NOTICE BEFORE ADMISSION WP.No.8827 of 2019