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Andhra Pradesh High Court - Amravati

P.V.Jagannadh, vs The State Of Andhra Pradesh, on 15 July, 2022

Author: R Raghunandan Rao

Bench: R Raghunandan Rao

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
iSPECLAL ORIGINAL JURISDICTION)

FRIDAY, THE FIFTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY TWO __.
(PRESENT:
THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

a

WRIT PETITION NO: 1654 OF 2024 a
Sehveen: "
PY Jagannadh, Sfo. PN Venkat Reddy, aged 42 years, R/o, Venkatreddipally
Village, Penuke nda Mandal, i, Ananthapur DisticlS? S710, Andhra Pradesh,
. Petitioner
AND
1. The State of Andhra Pradesh, Rep.by iis Principal Secretary, Municipal
Administration Departrnert, AP. Secretariat, Velagapudi, Amaravathi, Guntur
District,
The Penukonda Nagar Panc hayat, Peftukonda, Ananthapur (Netrioct, Andhra
Pradesh, Rep. by Rs Cammissianer,
The District Collector, Ananthanuy District, Andhra Pradesh,
The Tahsidar, Penukonda Mandal, Arianthapur District, Andhra Pradesh,
The Station House Ov fcer, Fenukanda Pali o@ Station, Penukanda, Ananthapur
District, Andhra Pradesh,
Thotila Aswathappa, S/a. Late T. Rangaiah, Hindu, aged not known, Rio.
Venkatareddipalll Village, Penukonda: Mandal Anan thapur District, Andhra
Pradesh,
. omtThotla Nagamma, Wo. Thotla Aswathappa, R/o. Venkatareddipalll Vilage,
FPenukonda Mandal, Ananthapur District, Andhra Pradesh,
Thotia Srintvasulu, S/o. T.Aswathappa, R/o. Venkatlareddipalli Vilage,
_Penukonda Mandal, Ananthapur District Andhra Pradesh.
Lf Respondents
(Respondant Nas.6 to 8 is amended: 'as per Court Order di: 28. O3.2021in [A
No.3 of 2027}

imme te

wd

on

Petition under Article 226 of the Constitufion of India praying that in the
creumsianoss stated in the affidavit fled there! th, the High Court may be pleased to
issue a writ, order or direction more particulasy one in the nature of a writ of mandamus
declaring the inactian of the Respondents 2 to S in taking action against the unofficial
Respondents 6 fo 8 for their Hegal acts includ ing construction of building in
Sy. No.1? 7/243 of Penukona Mandal, Ananthapur District, Andhra Pradesh without any
permission frorn the cornpetent authority as well as encroaching the land delanging i
the pefitoner as well as road leading to scheo! as Negal, arbitrary and against the
provisions of Sections 204 and 241 of the AP. Muni cipalties Act, 1965 and
consequantly direct the Respandents 2 fo 5 to initiate appropriate legal proceed! ngs

against the unofficial respondents 6 to 8 inclucling fo stop the illegal construction made
by the unofficial respondents. .

iA NCe 1 OF 2024

Fetition under Section 151 ¢ PC praying thal in the circumstances stated in the
affidavit fed in support of the writ petition, the High Court may be pleased to direct the
Respondents 6 to 8 to stop the illegal construction made in Sy.No. 177/243 of Penukona
Mandal, Ananthapur District, Andhra Pradesh without any permission from the
competent autharily La. 3" Respondent, pending disposal of WP 1554 of 2021, an the
fie of the High Court. te

The pation cerning on for heart 'Ng, 'pan perusing the Pelfition and the affidavit
fled in support thereof and the order of the High Court order dated 05.03.2021 made
herein and upon hearing the argumenis of Sr.Guclhakara Rao Ambati, Advocate for the
Petitioner, GP for Municipal Administration for Respandent No.1, Sr.N Ranga Reddy,
igarned Standing Counsel for Rescondant No.2, GP for Revenue far Respondent Nos.3
& 4 and of GP for Hame for Respondent Nod and Sri Nara Hari Babu, advocate for

a

Respondent Nos.8 to 8, the Court made the following:


ORDER:

:

"Sri Nara Hari Babu, learned counsel for respondent Nos.6 to 8 seeks time ta fle counter. wo amt. Priyanvla Popuri, learned Counsel for the petitioner submits that respondents Nas.d fo 8 are continuing with the construction and the same would make the Writ Petition become infructuous.
Sel Nara Harl Babu appearing for the respondent Nos.6 te § submits that constructions has been stepped and no constructions is being carried out. . .
Recording the game, status UO, exiating as on today shail continue. ~ Far Hing counter, post on 27.07 2022. _ edi. P. VIN oD KUMAR
-- ASSISTANT REGISTRAR (TRUE COPYi SECTION M OFFICER
1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. &. The Commissioner, Panukonda Nagar Pai nghayat Penukonda, Ananthapur 2 strict, Andhra Pradesh, S. The District Callector, Ananthapur District, Andhra Pradesh, 4 " he Tahsidar, Penukonda Mandal, Ananthapur District, Andhra Pradesh, '§. The Station House CHfiner, Penukonda Police Mation, Penukonda, Ananthapur Dietrict, Andhra Pradesh, 8 Thotla Aswathanpa, S/o. Late 7 T Rangaiah, Rig. Ve nkatareds di ipailt Vilage, Fenukonds, Mandal Ananthapur (istrict, Andhra Pradesh)"

¢. mi Thotla Nagamma, Wo. Thotla Aswathanpa, Ro. Venkatareddinalll Vi Hage, | Penukanda Mandal, , Ananthapur District, Andhra Pradash we

8. Thotia Srinivasuiu, S/o. TAswathappa, R/o. Vankatereddinalli Village, Penukonda Mandal, Ananthapur Distal, Andhra Pradesh {1 te § by RPAD}) g One CC to Sri. Suchakara Rac Ambati Advocate fORUIC]

10. Two OCs to GP for Municipal Admini Str 'ation & Urban Development, High Court Of Andhra Pradesh. [OUT] ay 1d. Twe COs to GP for Revenyu nf High Court OF Andhra Pradesh. [QUT]

12. Two COs to GP for Home, High Gat Of Andhra Pracesh. [OUT]

13. One CC to Sri. N Ranga Reddy, Standing Counse! (OPUC}

14. One CC te Sr Nara HeriBabu, Advocate fOPUC)

15. One apgre copy MSB HIGH COURT RRR, DATED TSA 2022 ORDER POST ON 27.07. 2022 WP No. 1684 af 2024 STATUS QUO