Andhra Pradesh High Court - Amravati
Shirdi Sai Baba Mandira Committee, vs The State Of Andhra Pradesh, on 1 October, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV a :
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(Special Original Jurisdiction) \
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THURSDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND AND TWENEY"
:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
WRIT PETITION NO: 17852 OF 2020
Between:
1. Shirdi Sai Baba Mandira Committee, (Reg.No.210/2017), Rep. by its Joint
Secretary Sri. Nandipati Prasada Rao, D.No.7-224B, Main Road,
Takkellapadu Village, Pedakakani Mandal, Guntur District.
2. Velineni Srinivasa' Rao, S/o. Sivanarayana, aged 49, R/o. Dr.No.3-27,
Takkellapadu Village, Pedakakani Mandal, Guntur District.
3. Nandipati Prasada Rao, S/o. Chadrasekhar Rao, aged 52, R/o. Dr.No.3-312,
Takkellapadu Village, Pedakakani Mandal, Guntur District.
Petitioners
AND
1. The State of Andhra Pradesh, Department of Municipal Administration and
Urban Development, Rep. by it Principal Secretary, Secretariat Buildings,
Velagapudi, Amaravati.
2. Amaravati Metropolitan Region Development Authority, Rep. by its
Metropolitan Commissioner, Lenin Center, Karl Marx Road, Governorpet,
Vijayawada- 520002.
3. The Town Planning Officer, Amaravati Metropolitan Region Development
Authority, Guntur Zone, Market Center. Guntur.
Respondents
WHEREAS the Petitioners above named through their Advocate Sri.Venkateswarlu Posani 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 order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd and 3rd respondents and its employees in resorting to demolish ACC roof shed situated by the side of Sri Pothuluri Veera Brahmendra Swami Temple and Sri Shirdi Sai Baba Temple in D.No.64 of Takkellapadu Village, Pedakakani Mandal, Guntur District as contrary to law, arbitrary, against the principles of natural justice and without jurisdiction;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri.\Venkateswarlu Posani Advocate for the Petitioners, learned Government Pleader for Municipal Administration and Urban Development, for respondent No.1 and of Sri Kasa Jagan Mohan Reddy, learned Standing Counsel for 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, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.
2. The Metropolitan Commissioner, Amaravati Metropolitan Region Development Authority, Lenin Center, Karl Marx Road, Governorpet, Vijayawada- 520002.
3. The Town Planning Officer, Amaravati Metropolitan Region Development Authority, Guntur Zone, Market Center, Guntur are 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 before 15.10.2020, on which date the case stands posted for hearing.
iA NO: 1 OF 2020 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 2nd and 3rd respondents not to demolish the ACC roof shed situated by the side of Sri Pothuluri Veera Brahmendra Swami Temple and Sri Shirdi Sai Baba Temple in D.No.64 of Takkellapadu Village, Pedakakani Mandal, Guntur District, Pending disposal of W.P.No.17852 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before admission.
Sri Kasa Jagan Mohan Reddy, learned Standing Counsel appearing for respondent Nos.2 and 3, seeks time to get instructions. As the shed, which is the subject matter of dispute in the present writ petition, is being used by devotees of the temple, the respondents are directed not to demolish the same except in accordance with procedure established by law.
Post on 15.10.2020. Oo BC e Sd/- M. SURYANADHA REDDY ASSISTANT REGIST IITRUE COPY! . oo For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati.
2. The Metropolitan Commissioner, Amaravati Metropolitan Region Development Authority, Lenin Center, Karl Marx Road, Governorpet, Vijayawada- 520002.
3. The Town Planning Officer, Amaravati Metropolitan Region Development Authority, Guntur Zone, Market Center, Guntur. (1 TO 3 by RPAD along with a copy of petition and affidavit) One CC to Sri.Venkateswarlu Posani Advocate [OPUC] One CC to Sri.Kasa Jagan Mohan Reddy, Standing Counsel (OPUC) Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]
7. One spare copy SRL our HIGH COURT CPKJ DATED:01/10/2020 NOTE: POST ON 15.10.2020 NOTICE BEFORE ADMISSION WP.No.17852 of 2020 DIRECTION