Andhra Pradesh High Court - Amravati
Kolluru Amarnadh vs The State Of A.P. on 5 December, 2022
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! MONDAY .THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO [PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 38283 QF 2022 Setweer: Kolluru Amarnach, S/o. Late Venkateswara Rao, Orc- farmer, Agad 36 years, Ric. D.No. 10-177, Mulouru Vilage, Amruthaluru Mandal, Bapatia Cistrict, Old Suntur Cistrict. é. A Smrama Murthy, SYo. Late Sampang! Rao. Oce- Retd. BSNL Employes Aged 60 years, Kio. Mulpuru Vilage, Arnruthaluru Mandal, Bapatia District, Old Guntur District, tas Garia Lakshrri, Wo. Srinivasa Rao, Ceo. Housewife, Aged 4& years, Rip. Mulpuru Vilage, Amruthaluru Mandal, Bapatia District, Old Guntur District Patitionoars AND 1. The State of ALP, Ren. by its Pri, Secretary, Panchayat Raj and Rural Development Depariment, Secretariat, Velagapudi, Amaravati, Guntur Dist, é. The Distict Collector, Collectoraie Compound, Bapatla, Bapatia District Old Guntur District), 3. The District Panchayat Offioer, Bapatia, Bapatia District. (Old Guntur District). 4. The Mandal Revenue Officer, Amruthaluru Mandal, Sapatla District (Cia Guntur District}. on The Mujpuru Gram Panchayat, Rep. by iis Secretary, Amruthaluru Mandal, Sanatia District (Old Guntur District), S. Kolluru Sambasiva Rad, Sc. Laie Bhaskara Rac, Agriculturist, Aged about 57 years, Rig. Mulpuru Vilage, D.No. 10-118, Amruthaluru Mandal, Bapatia District, (Old Guntur District). Kolluru Sita Maha Lakshmi, Wo. Late Bhaskara Rao, Housewife Aged about 88 years, R/o, D.No, 70-718, Mulpuru Vilage, Amruthaluru Mandal, Bapatis Ostrich (id Guritur District) wed Respondents WHEREAS the Petitioner above named through thelr Advosate Sd VUBBARA DUSHYANTH REDDY presented this Petitian under Article 225 of the Canstitution of india praying that in the clrcurnstances slated in the affidavit filed therewith, the High Court may be sisased tc issue a Writ or direction or order rnore parhoularly ane in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 in not conducting survey and demarcating the boundaries of the panchayat road lying in Sy.No's 246/2 and 241/A7 of Mulpuru Village, Amruthaluru Mandal, Bapatla District, between respondents 6 and 7 houses and leading to writ petitioners houses and vacant sites as illegal, arbitrary and in violation of Provisions of A.P. Panchayat Raj Act and Rules made thereunder and further in violation of Article 21 of Constitution of India and consequently direct the respondents to remove the illegal encroachments made by the respondents 6 and 7 over panchayat road in Sy.No's 246/2 and 241/A7 of Mulpuru Village, Amruthaluru Mandal, Bapatia District, lying in between respondents 6 and 7 houses and leading to vacant sites and houses of petitioners and pass AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri VJBBARA DUSHYANTH REDDY Advocate for the Petitioner and of GP FOR PANCHAYAT RAJ for Respondent Nos.1 3,5, GP FOR REVENUE for Respondent No.2,4, Sri | KOT! REDDY, Standing Counsel ,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 Pri. Secretary , Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur Dist. 2. The District Collector, Collectorate Compound, Bapatla, Bapatia District(Old Guntur District). 3. The District Panchayat Officer, Bapatia, Bapatla District.(Old Guntur District). 4. The Mandal Revenue Officer, Amruthaluru Mandal, Bapatla District.(Old Guntur District). 5. The Mulpuru Gram Panchayat, Rep. by its Secretary, Amruthaluru Mandal, Bapatla District.(Old Guntur District). 6. Kolluru Sambasiva Rao, S/o. Late Bhaskara Rao, R/o. Mulpuru Village, D.No. 40-119, Amruthaluru Mandal, Bapatla District. (Old Guntur District). 7. Kolluru Sita Maha Lakshmi, W/o. Late Bhaskara Rao, R/o. D.No. 10-118, Mulpuru Village, Amruthaluru Mandal, Bapatla District.(Old Guntur District) 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 within four weeks. 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 to direct the respondents to consider the representation dt. 11-10-2022, made by petitioners, pending disposal of WP No. 38283 of 2022, on the file of the High Court. The Court made the following: ORDER
"Notice.
Learned counsel for the petitioners is permitted to take out personal notice on respondent Nos. 6 and 7 by RPAD and file proof of service. Post this matter after four (4) weeks for filing the counter. Meanwhile, the 5" respondent is directed to consider the representation dated 30.09.2022 made by the petitioners and take appropriate action by passing appropriate orders as per the rules on the subject." SD/-SK MD 1 ASSISTANT REGISTRAR IITRUE COPY!/ < For ASSISTANT REGISTRAR To,
4. The Pri. Secretary , Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur Dist.
2. The District Collector, Collectorate Compound, Bapatla, Bapatla District(Old Guntur District).
3. The District Panchayat Officer, Bapatla, Bapatla District.(Old Guntur District).
4. The Mandal Revenue Officer, Amruthaluru Mandal, Bapatla District.(Old Guntur District).
5. The Mulpuru Gram Panchayat, Rep. by its Secretary, Amruthaluru Mandal, Bapatla District.(Old Guntur District).
6. Kolluru Sambasiva Rao, S/o. Late Bhaskara Rao, R/o. Mulpuru Village, D.No. 40-119, Amruthaluru Mandal, Bapatla District. (Old Guntur District).
7. Kolluru Sita Maha Lakshmi, W/o. Late Bhaskara Rao, R/o. D.No. 10-118, Mulpuru Village, Amruthaluru Mandal, Bapatla District.(Old Guntur District)(by RPAD- along with a copy of petition and memorandum of grounds)
8. One CC to SRI. VUBBARA DUSHYANTH REDDY Advocate [OPUC] 9 One CC to SRI. | KOTI REDDY Advocate [OPUC]
10.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT]
41.Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]
42.One spare copy.
psk HIGH COURT ORG DATED:O8/4 2/2022 POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP. No 38283 af 2022 DIRECTION