Andhra Pradesh High Court - Amravati
Smt Gurugubilli Santha Kumari, vs The State Of Andhra Pradesh, on 28 September, 2020
Author: C.Praveen Kumar
Bench: C.Praveen Kumar
MONDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
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:PRESENT:
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUM
WRIT PETITION NO: 16755 OF 2020
Between: Batt SUS
1,
Smt Gurugubilli Santha Kumari, W/o Kondalarao, Hindu, aged about 44 years,
Occ- Housewife, R/o D.No. 6-36/5, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt. Dakamarri Seetamma, W/o Suribabu, Aged 50 years, Occ- Housewife, R/o
D.No. 6-26/4, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt Nandipati Sathyavathi, W/o Gangarao, Aged about 49 yrs, Occ - Housewife,
R/o D.No. 6-26/1, New Saradhanagar, Paradesipalem(V), Marikivaisa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt. Bomma KOndamma, W/o Demudu Aged about 42 yrs, Occ - Housewife,
R/o D.No. 6-26/6, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt. Modulavalasa Tulasi, W/o Govindarao Aged about 40 yrs, Occ - Housewife,
Rio D.No. A5, New' Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt Balla Rupavathi, W/o Bapuji, Aged about 30 yrs, Occ - Housewife, R/o D.No.
6-26/6, New Saradhanagar, Paradesipalem(V), Marikivalsa, Visakhapatnam,
Rural (M), Visakhapatnam Dist.
Smt Siddapu Adilakshmi, W/o Todugu Raju, Aged about 35 yrs, Occ -
Housewife, R/o D.No. 6-26/7, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
Smt Dubba Mohini, W/o Chinnarao, Aged about 37 yrs, Occ - Housewife, R/o
D.No. B2, New Saradhanagar, Paradesipalem(V), Marikivalsa, Visakhapatnam,
Rural (M), Visakhapatnam Dist.
Golagani Venkayamma, W/o Simhachalam, Aged 75 years, Occ- Housewife, R/o
D.No. 6-26/9 New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
10.Smt. Siyyadri Devi, W/o Suri Babu, Aged about 28 yrs, Occ - Housewife, R/o
D.No. A-11, New Saradhanagar, Paradesipalem(V), Marikivalsa, Visakhapatnam,
Rural (M), Visakhapatnam Dist.
11.Smt. Bandepurapu Priyanka, W/o Suresh, Aged about 25 yrs, Occ - Housewife,
R/o D.No.A-8, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
12. Inturipalli Jaya, W/o Ramesh, Aged about 40 yrs, Occ - Housewife, R/o D.No. 6-
26/16, New Saradhanagar, Paradesipalem(V), Marikivalsa, Visakhapatnam,
Rural (M), Visakhapatnam Dist.
13.Smt Dogga Sathyavathi, W/o Thaviti Naidu Aged about 40 yrs, Occ - Housewife,
R/o D.No. 6-26/11, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
14.Smt. Banumu Pydamma, W/o Ramulu, Aged about 45 yrs, Occ - Housewife, R/o
D.No. B-10, New Saradhanagar, Paradesipalem(V), Marikivalsa, Visakhapatnam,
Rural (M), Visakhapatnam Dist.
15.Smt Malla Parvathi, W/o Jagnnadha Rao, Aged about 40 yrs, Occ - Housewife,
R/o D.No. 6-26/18, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
16.Smt. Nidigatti Appalakonda, W/o Lakshmanarao, Aged about 35 yrs, Occ -
Housewife, R/o D.No. B-11, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
47.Smt Velchuri Chitti Narayanamma, W/o Suryanarayana Aged about 35 yrs, Occ
Housewife, R/o D.No. B-8,New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
18.Smt Sathraboyana Ramadevi, W/o Apparao, Aged about 42 yrs, Occ -
Housewife, R/o D.No. A-9, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
49.Smt Malla Akkamma, W/o Arjunaidu, Aged about 58 yrs, Occ - Housewife, R/o
D.No. 6-36/7, New Saradhanagar, Paradesipalem(V), -- Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
20.Smt. Patthi Suryakumari, W/o Ganesh Babu, Aged about 42 yrs, Occ -
Housewife, R/o D.No. 6-36/6, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
21.Smt Peethala Arunakimari, W/o Brahmanandarao, Aged about 55 yrs, Occ -
Housewife, R/o D.No. B-5, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
22. Smt Sarasani Beera Bhaskar, W/o Krishna, Aged about 55 yrs, Oa - Housewife,
Rio D.No. B-5, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
23.Smt. Koilada Mahalakshmi, W/o Modi Naidu, Aged about 42 yrs, Occ -
Housewife, R/o D.No. 6-36/6, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
24.Muppana Malleswararao, S/o Appalaswamy, Aged about 47 yrs, Occ -
Housewife, R/o D.No. 6-26/11, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
25. Siyyhadri Simhachalam, S/o Suribabu, Aged about 60 yrs, Occ - Housewife, R/o
D.No. 6-26/5, New Saradhanagar, Paradesipalem(V), _ Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist.
26.Smt. Kinthali Vijayasree, W/o Varaprasada Rao, Aged about 35 yrs, Occ -
Housewife, R/o D.No. 6-26/12, New Saradhanagar, Paradesipalem(V),
Marikivalsa, Visakhapatnam, Rural (M), Visakhapatnam Dist.
27.Sabbavarapu Ravi Kumar, S/o Late Venkatarao, Aged about 47 yrs, Occ - Street
Vendor R/o D.No. B-9, New Saradhanagar, Paradesipalem(V), Marikivalsa,
Visakhapatnam, Rural (M), Visakhapatnam Dist
. Petitioners
AND
4. The State of Andhra Pradesh, Rep by its' Pri Secretary for MA and UD,
Secretriate, Velagapudi, Guntur District.
2. The Commissioner for Municipal Corporation, Greater Visakhapatnam Municipal
Corporation, Visakhapatnam.
3. The Zonal Commissioner for Madhurawada, Lone-| of Visakhapatnam Municipal
Corporation, Visakhapatnam.
Respondents
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 an Order
or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the notices
dt. 08.09.2020 issued by the Respondent No 2 under Sections 452(1) and 461(1) of
Andhra Pradesh Municipal Corporation Act for demolishing our dewelling houses
located in Sy.No.179, part of Paradesipalem, Visakhapatnam Rural, Visakhapatnam
Distrcit, is as arbitrary, autocratic and against to the principles of natural justice and
consequently direct the Respondent No. 2 not to proceed for demolishion of the
Petitioners dwelling houses situated in Sy. No. 179 Paradesipalem, Visakhapatnam
Rural, Visakhapatnam District, by setting aside the same in the interests of justice;
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 respondents not to take coercive steps proceedings to demolish the dwelling houses
of the petitioners by suspending the notices dt.08.09.2020, pending disposal of
W.P.No.16755 of 2020, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed in
support thereof and upon hearing the arguments of Sri.K.Sreedhar Murthy Advocate for the
petitioners, GP for Municipal Administration & Urban Development for the Respondent No.1 and
of Sri.S.Lakshmi Narayana Reddy, learned Standing Counsel for Respondent Nos.2 & 3, the
Court made the following.
ORDER:
Heard both sides.
A perusal of the material placed on record would show that earlier W.P.No.8417 of 2019 came to be filed questioning the cancellation of regularization certificates of the petitioners therein (including the petitioners herein) issued in connection with the house sites situated in Sy.No.179 of Paradesipalem, granted interim stay. The interim order passed was being extended from time to time and on 13.02.2020, it was extended by four months. To the said writ petition, Greater Visakhapatnam Municipal Corporation was not a party. Subsequently, on 08.09.2020, a notice came to be issued by the GVMC under Section 452(1)& 461(1) of the A.P. Municipal Corporation Act, 1994, to the petitioners herein questioning the constructions made in the said property, to which an explanation was submitted by the petitioners on 13.09.2020. However, issuance of the notice itself is questioned in the present writ petition, having regard to the orders passed in the earlier writ petition.
Sri S. Lakshmi Narayana Reddy, learned standing counsel appearing for the respondents 2 & 3 would submit that since the GVMC is not a party to the earlier writ petition, they are not precluded from proceeding further.
Having regard to the order passed by this Court in the earlier writ petition wherein the petitioners herein sought stay of demolition of the property by dispossessing them from the house sites, which is also the subject matter of the present writ petition, it would be better if both the writ petitions [W.P.Nos.16755 of 2020 and 8417 of 2019] are heard together. Hence, post both the writ petitions together on 05.10.2020.
Till such time, the respondents may not proceed further pursuant to the impugned notice.
Sd/- R. KARTHIKEYAN
- ASSISTANT RE pee HTRUE COPYI/ a For ASSISTAN GISTRAR To,
1. The Principal Secretary for Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The Commissioner for Municipal Corporation, Greater Visakhapatnam Municipal Corporation, Visakhapatnam.
3. The Zonal Commissioner for Madhurawada, Lone-l of Visakhapatnam Municipal Corporation, Visakhapatnam. (1 to 3 by RPAD)
4. One CC to Sri.K.Sreedhar Murthy Advocate [OPUC]
5. One CC to Sri.S.Lakshmi Narayana Reddy, Standing Counsel (OPUC)
6. Two CCs to GP for Principal Secretary for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]
7. One spare copy HIGH COURT CPKJ DATED:28/09/2020 NOTE: POST BOTH THE WRIT PETITION ON 05.10.2020 ORDER WP.No.16755 of 2020 DIRECTION