Andhra Pradesh High Court - Amravati
Late Jagany Vehay Mac vs And on 7 November, 2022
RRR RE (3208 ] (SHOW CAUSE NOTICE BEFORE ADMISSION} IN THE HIGH COURT OF ANGONRA PRADESH AT AMARAVAT (Special Original Jurisdiction) MONDAY THE SEVENTH DAY OF NOVEMBER, TW THOUSAND AND TWENTY TWO 'PRESENT: THE HONQURASLE SRI JUSTICE 0 RAMESN WRIT PETITION NO: 38988 OF 2022 Late Jagany vehay mac, Aged about 50 years, Occ. "Residing al DING. 2. '36. Padanulinaka, Penamaturu Mandal, ict alikariuna Rao, Aged about 45 years, Ooo. Agri wfeultut S, at D.No. 3-40, Pedapuipaka. Penamaluru Mandal, Krishan Petitioners AND \. The State of Andhra ae desh, Rep. by its Rn cipal S Secratary, Panchayat Ra and Rural Develooment Department, Secretarial Buildings, Velagapudi, Amarayvaih. &. The Gammissioner, AS Capiail Region Dever eta ity, Karl Marx Road, Lanin Center, Arundainet, Governorpel, Vi awece. Krishna Distinct. 3. The Grama Panch ayal, Pedanulinaka, Rem by as D anchays at Secretary, Penat maha Mandal, Krishna Cietict. 4. Panineni Nirajia, Wo Srinivasa Ras, Aged about 46 years, Qec. House Wil, Rio D.No. 3-8, Padanwigake, Penamaluru Mandal, Krishan D OIStrint. _mespondants WHEREAS the Paetiioner above named through their Advocate UQAaYA KUMAR presented this Petition under Article 328 of the Constitution of India praying that in the circumstances sisted in the affidavit fled therewith, the High Court may be Meased to ikaue an souronriata Writ, Order or direction, more particularly one in the nature af Wnt: of Mandar US, deca aring he action iv ihe Respondents No.
ty ei es 2 and 3 3 in-net taking any action agai re Raspondant No. 4 i for the on going Hegel cansiruchondeviations by vi iolath ng ou Suling Flan and Permit No. PISS ST TAVPMLREPRLPR2d2 7 i. 09. We fOL7T I proper 'Y admeasuring 242 Seq.
Yards situated in D.No. 3-3(Old O.No, 3-8), Re-Survey No. 179, Ok 2 assess vent No. S, Naw Agsesament No, 282, Pedanu ipeka Gram Panst hayat Penamaluru Mandal, and mot taking a any 8 action an the representations s of the Pettionsr's dt. TOS 2022, 2B.O8 2082, 18.06. 2082 and 12.10.2023 as egal, arbitrary, vickstion of sroandsians of Andhra Pradesh Capital Region Develnoment Act, 2014 and Panchayat Rai Act, 1984 and Violative of Article 14 of me Constitution of india AND WHEREAS fhe High Court upon serusing the pettion anc aiidavil Hed hersin and upon hearing the argum amis of Sri O UDAYA KUMAR Advocate for the Petitioner, GP for Pan shayst Raj for the Respandent No.1, Sn. Masa Jagan Mohan Reddy, Advocate for the Respon dent No. 2 and Sri URedh Reddy, Advocate fer the Respondent Ne. 3, directed iagua of notice to ihe Responients herein to show cause as fo why this WRIT PETITION should not be You viz:
1. The Principal Secretary, The State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi. |
2. The Commissioner, A.P.Capital Region Development Authority, Karl Marx Road, Lenin Center, Arundalpet, Governorpet, Vijayawada, Krishna District.
3. The Panchayat Secretary, The Grama Panchayat, Pedapulipaka, Penamaluru Mandal, Krishna District.
4. Papineni Niraja, W/o Srinivasa Rao, Aged about 46 years, Occ. House Wife, R/o D.No. 3-8R, Pedapulipaka, Penamaluru Mandal, Krishan District.
are be and hereby are directed to show cause, either appearing in person or through 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. 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 No. 2 and 3 to prevent the illegal and unauthorised construction being carried on by the Respondent No. 4 in deviation of Approved plan vide Building Plan and Permit. No. 1168/1517/B/PMLR/PDLPK/2021 dt. 09.12.2021, pending disposal of WP No. 35958 of 2022, on the file of the High Court. THE COURT MADE THE FOLLOWING ORDER:
"! earned counse! for the petitioners is permitted to take out personal notice on unofficial respondent No.4 by RPAD and file proof of service. Post this case after two(2) weeks.
Meanwhile, the 3" respondent is directed to consider the representation made by the petitioners dated 1.08.2022 and pass appropriate orders as per the rules on the subject." A SDI- K.TATA ROAR IMRUE COPY! Z_--«zDEPUTY REGIST ; For SECTION OFFICER 0, .
1. The Principal Secretary, The State of Andhra Pradesh, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi.
2 The Commissioner, A.P.Capital Region Development Authority, Karl Marx Road, Lenin Center, Arundalpet, Governorpet, Vijayawada, Krishna District.
3. The Panchayat Secretary, The Grama Panchayat, Pedapulipaka, Penamaluru Mandal, Krishna District.
4. Papineni Niraja, W/o Srinivasa Rao, Aged about 46 years, Occ. House Wife, Rio D.No. 3-8R, Pedapulipaka,: Penamaluru Mandal, Krishan District.(by RPAD- along with a copy of petition and memorandum of grounds) One CC to SRI. O UDAYA KUMAR Advocate [OPUC] One CC to SRI. KASA JAGAN MOHAN REDDY, Advocate[OPUC] One CC to SRI. L.KOTI REDDY, Advocate[OPUC] NO oT 8 TwoCCsto GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT]
9. One spare copy PSD sister HIGH COURT DRG DATED OFM 12022 NOTE: POST AFTER TWOl2) WEEKS.
NOTICE BEFORE ADMISSION WP No 28858 of 2022 SHREC TION