Andhra Pradesh High Court - Amravati
Budavati Venkayya vs The State Of Andhra Pradesh, on 20 October, 2022
Author: D Ramesh
Bench: D Ramesh
3208 |
(SHOW CAUSE NOTICE BEFORE ADMISSION}
HIGH COURT OF ANDHRA PRADESH
THURSDAY, THE TWENTIETH DAY OF OCTOBER
TWO THOUSAND AND TWENTY TWO
(PRESENT)
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PEYITION NO: 28898 OF 2022
Retweer:
Sudavati Venkayya, ofo, Late Naga Bhushanam, Agad 81 years, Occ. Culivation:
Sia. D.Ne 16-3, Budavativan Street, Epurupalen Vilage, Chirala Mandal, Bapatia
District. °
LSS
Patitioner
AND
3. The State of Andhra Pradesh, Ras. by fs Principal Seorstary fo Government,
Panchayal Maj and Rural Devale opment Deparment, Secretarial, Velagapucl
Amaravall, Guntur (Netrict.
2. The ONstict Collector, (Panchayat Wing}, Bapatia Distrint at Bapatis
S. The Oistrict Panchayat Officer,, Rapatia [istrict at Banalla,
4. hepurupaien Oram Panchayat, Rep by fe Executive Autharity-cum-
Panchayat Secretary, Eaourupalem Vi
ge, C Chirals aM 'landal, Sapatia District.
§. The Assistant Engineer,, R& 8 Deparment, Chirala, Banatle District.
S. Tse Tahsidar,, Chala Mandal, Sapatia District. _
f, Chegud) Ranakamma,. Wo. Vidya Rao, Agad shout 60 years, Oce . House
vie, Rig BE purupaien Village, Chiraia Mandal, Sapatia District
Mesias (Nagaraju,, fo. Rangalah, Aged about 34 years, Rio. Eepurupaiem
Vilage, Ghirais MM andal 1 Bapatia Distinct
9. Annmaluri Sarnifhi,, Win. Hay, Aged shout 40 years, {ose . House wife, Ryo.
Repurupalamn Village, Chirala Mandal, Bapaila Di siic
Sha en Yo. Mo nama Jnces®. Aged at pout #35 years, Qa . House
"wife, Rio. Eapurupalem Vilage, Chirsis Mandal, Bapatla District.
. Raspondent
WHEREAS the Patifioner above named through Ais Advocaia 5A
VONLVISURYA DATTU presented this Peffion under Anidle 226 of the Constitution of
india praying that in the circurnstances stated In the affidavit fled therewith, the High
Coun may be pleased For the raasans stated in the accormpanying affidavit, ihe
petiiener grays that this Hon'ble Court may bs pleased fo issue a writ, order or
directinn more particularly one in the nafure of WRIT OF MANDANIUS declaring the
waren o respondents on patifioners pefifian dated 28.07 2082 submitted uncer
Section 3 and 98 of Andhra Pracieash Panchayat Rai Act, 1994 for protection of road
margin of Rand 8 Road isading from Chiraia fo Gapatia, covered by Sy. No. 23uis
of Eesurupaism Vilage in Chirala Mandal of Bapatia District abutting his land
aumeasuring Ac. 0.87 cents stuated fo the western side thereof tf thereby blocking
access to Ais land, Sy preventing sacroachments by respondant is F ta TQ and for
removing already oanatructed structures therein, as diggal, irregular, irrational and
amounts ta non discharge of legal ab ligation conferred on them under Sections 35
and O8 of Andhra Fracesh Panchayat Raj Act, Andhra Pradesh Land Encroachment
Ag, 1905 and niles framed there under and offerdis Aricies 74 and <1 of
Gansitution of india and cansequenty direct the respandents 2 fo 8 to remove the
sad encroachmenis of respondents 7 fo 10 and pass such other order or orders as
this Hon'ble Court may deem fit and proper in the circumstances of the case.
Amaravati.
AND WHEREAS the High Court upon perusing the petition and
affidavit filed herein and upon hearing the arguments of Sri V.IN.V.SURYA DATTU
Advocate for the Petitioner, 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. to Government, Panchayat Raj and Rural
Development Department, Secretariat, Velagapudi, Amaravati, Guntur
District, State of Andhra Pradesh.
2. The District Collector, (Panchayat Wing), Bapatla District at Bapatia.
3. The District Panchayat Officer,, Bapatia District at Bapatla,
4. Executive Authority-cum-Panchayat Secretary , Eepurupalem Gram
Panchayat, Eepurupalem Village, Chirala Mandal, Bapatia District.
5. The Assistant Engineer,, R and B Department, Chirala, Bapatla District.
6. The Tahsildar,, Chirala Mandal, Bapatia District.
7. Chegudi Kanakamma,, W/o. Vidya Rao, Aged about 60 years, Occ . House
wife, R/o. Eepurupalem Village, Chirala Mandal, Bapatla District.
8. Neelam Nagaraju,, S/o. Rangaiah, Aged about 35 years, R/o. Eepurupalem
Village, Chirala Mandal, Bapatla District
9. Annaluri Santhi,, W/o. Baji, Aged about 40 years, Occ . House wife, R/o.
Eepurupalem Village, Chirala Mandal, Bapatla District.
10.Shaik Shajadi,, W/o. Mohammad Aneesh, Aged about 35 years, Occ . House
wife, R/o. Eepurupalem Village, Chirala Mandal, Bapatla District.
are directed to show cause on or before 17.11.2022 to which date the case stands
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.
iA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be pleased
For the reasons stated in the accompanying affidavit, it is hereby prayed that this
Hon'ble Court may be pleased to direct the respondents 2 to 6 particularly 41h
respondent to initiate necessary action on petitioner's petition dated 25.07.2022
submitted under Sections 53 and 96 of Andhra Pradesh Panchayat Raj Act, 1994 for
removal of encroachment on road margin of R and B Road and Panchayat road
covered by Sy. No. 281/3 of Eepurupalem Village in Chirala Mandal of Bapatla
District, pending disposal of the main Writ Petition and pass such other order or
orders as this Hon'ble Court may deem fit and proper in the circumstance of the
case, pending disposal of WP No. 28896 of 2022, on the file of the High Court.
The Court made the following:
ORDER
"Notice before admission returnable in four (4) weeks. -~ Petitioner is permitted to take out personal notice on R7 to R10 through RPAD and file proof of service into Registry. --~ The 4" respondent is directed to consider the representation made by the petitioner on 25.7.2022 and take appropriate action. Post after four (4) weeks." a ASSISTANT REGISTRAR ITTRUE COPY! Ci:
SECTION OFFICER .
Fe ee .
1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District, State of Andhra Pradesh.
2. The District Collector, (Panchayat Wing), Bapatla District at Bapatla.
3. The District Panchayat Officer,, Bapatla District at Bapatla,
4. Executive Authority-cum-Panchayat Secretary , Eepurupalem Gram Panchayat, Eepurupalem Village, Chirala Mandal, Bapatla District.
5. The Assistant Engineer,, R and B Department, Chirala, Bapatia District.
6. The Tahsildar,, Chirala Mandal, Bapatla District.
7. Chegudi Kanakamma,, W/o. Vidya Rao, Aged about 60 years, Occ . House wife, R/o. Eepurupalem Village, Chirala Mandal, Bapatla District.
8. Neelam Nagaraju,, S/o. Rangaiah, Aged about 35 years, R/o. Eepurupalem Village, Chirala Mandal, Bapatla District
9. Annaiuri Santhi,, W/o. Baji, Aged about 40 years, Occ . House wife, R/o.
Eepurupalem Village, Chirala Mandal, Bapatla District.
10.Shaik Shajadi,, W/o. Mohammad Aneesh, Aged about 35 years, Occ . House wife, R/o. Eepurupalem Village, Chirala Mandai, Bapatla District. (To Nos. 1 to 10 by RPAD- along with a copy of petition and memorandum of grounds)
11.One CC to SRI. V.N.V.SURYA DATTU Advocate [OPUC]
12.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT]
13.One spare copy BHB §d/- P. VINOD KUMAR ae HIGH COURT DRS OATED: 2090/2022 ORDER NOTE: POST APTER FOUR WEEKS.
NOTICE BEFORE ADMISSION WP.No 28808 of 2022