Andhra Pradesh High Court - Amravati
Osuri Venkata Alivelu Manga Sridevi, ... vs Commr., Narsapur Munly, W.G.Dist on 5 December, 2023
Brenan tenets
{3334}
IN THE HIGH COURT OF ANDHRA PRADESH: AT AMARAVAT!
iSpecial Original Jurisdiction)
TUESDAY, THE FIFTH DAY OF DECEMBER
TWia THOUSAND AND TWENTY THREE
'PRESENT:
THE HONOURABLE SRI JUSTICE SUBBA REDDY saTT®
WRIT PETITION NO: 28538 OF 2042
Setyween:
SmiOsut Venkata Alvelu Manga Sridevi, Wo.Thota Nageawara Ase, agad 28
years, Occ:Nousewile, R/o. Narsapur, WG. District.
Petitioner
AND
Tre Narsapur Municipality, Narsapur, WG Cistricl, Rep.by its Commissioner.
Respondant
Pettion under Articis 226 of the Corstifullen of India is fled preying ial in the
circumstances slated in the affidavit fled therewith, the High Court may be pleased
fo a whit af Mandamus iS oF any other appropriate writ, order or direotion ceciaring the
action of the respondent in proposing to use the land to an extant of Ac. 1.25 cis in
curvey Nos.67/5 and 67/6 of Narsapur, WG. District for the purpose of gar) age | yard
and to construct septic bio plant without protecting the environmental pollution in the
Godavari Region and in contravention of the terms and conditions of the of as
egal, arbitary and unjust and issue direction to the respondent municipality fo use
the said site for development of park and other recreational facilities as per the gif
dead.
IA NO: 1 OF 2012 (V.P.MLP.No. 38404 OF 2042)
Petition under Section 181 CPC is fled praying that in the circumstances
sigied in the affidavit fled in s support © of the writ petition, the High Court may be
peased fo direct the respormient municipality not fo use the fand io an extent of
86.125 cls in survey No.87/5 and 87/8 of Narsaour, W.G. District as garbage yard
aM septic bio plant pending disposal of the Writ Peti fon No. 28835 of S012, an the
Me of the High Cat.
The petition coming on for hearing, upon perusing the Petition and the
afiidavit fled in support thereof and the order of the High Court order dated
T8.08.2012 made herein and upon hearing the arguments of SRUTURAGA SAI
SURYA Advocate for the Petitioner and Sri.M. Manohar Reddy, Standing Counsel for
the Respondent, the Court made the fallawing.
ORDER;
7 The writ petition is fled ta declare the action of respondent in proposing
fo use the land of an extent of Ac. 1.28 sents in S.Nes.87/8 and 87/8 of
Narsapur for the purpose of garbage yard and to conatruct sept bia plant,
without protecting environmental pollution in Godavari Region aa iNegel and
arbitrary.
in the writ petition, interim order was granted on 15.08.2043, wherein the
respondent Municipality was directed not to construct any septic bie plant in
an extent of Ac. 1.25 cents In S.Nos.O7/8 and O7/6 of Narsapur. i was alse
clanified that the order will net preclude the reapondent-Municipality from
nonstiructing septic bio slant in any other land.»
This matter was listed before this Court on 07.14.2023, 24.417,2088 and at
request of learned Standing Couns! for 2° ressondent, the matter was listed
today. Taday also, learned Standing Counse! for 2°" reapondent seeks Sime for
Hing counter affidavit.
As the writ petition is of the year 2072, let the Commissioner, Narsapur
Municigality shall annear before this Court along with relevant recerd, i the
counter affidavit is not fled by the next date of hearing.
Registrar (Judicial) shall communicate this order to the Principal
Secretary to Government, Municipal Administration & Urban Development,
List the matter on 12.42.2088,
Sd/- §, SRINIVASA PRASAD
ASSISTANT REGISTRAR
SECTION OFFICER
"et
Ta,
1. The Registrar (Judicial), High Court of Andhra Pradesh, Amaravati,
Guntur District. (By Special Messenger ts communicaie this arder te
Principal Secretary fo Government, Municipal Administration & Urban
Development}
The Cammiasioner, Narsapur Municipality, Narsapur, W.G District.
{Speed post directed that he shall appear in person before this Court on
TZ I22029 along with relevant racard }
One CO io SRLTURAGA SAI SURYA Advocate [OPUC]
One GC to SRUM. MANONAR REDDY, Standing Counsel fOPUC!
. One spare copy
ed
wh bs
SRE
NIGH COURT
SRSJ
DATED OSM 2/2023
NOTE: LIST THE MATTER ON 12.72.2029
ORDER
WP.No. 28838 af <O12 DIRS THON sys \ KEE oe ES s <8 ca