Andhra Pradesh High Court - Amravati
Gavini Ramanjaneyulu, vs State Of Andhra Pradesh, on 5 December, 2022
Author: D Ramesh
Bench: D Ramesh
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANONRS PRAOQESH AT AMARAVA MONDAY .THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 39230 OF 2022 a " Bebhveen: Gavin Ramanjans yulu, we Supa Rao, Aged about 48 years, Oce- Culfivation, R/o. Burlavaripaiem village, Chiraia Mandal, Bapatia District (Cld Prakasam Distinct, Petitioner AND 1. State of Andhra Pradesh, Rep.by Principal Secretary to Government, fanchayat Ral and Rursi Devel opment Depariment, Secrefanal, Velagapuch, Amaravati, Guntur District. 2. Distict Collector, Bapstla District at Bapatla, 3. Burlavaripalem Samaar Rurlavaripgiem Village, Chi gyal, Rep. by Panchayat Secretary, raia Mandal, Bapatia District (Did Prakasam) 4. Burla Thirapatamma, Wo.Shanabandi, Aged about 60 years, Gec- Cultivation, R/o.Burlavarpaiern village, CRirala Mandal, Bapatia District (in Prakasam) 8. Burla Venkata Rao, S/o. Subbaiah, Aged about 50 years. Oac- Cultivation, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Gild Prakasam) 8. Bonthagorla Subhashini, \Wo Brahmayya, Aged about 33 years, Oco- Cultivation, R/o. Burlavaripaiam village, Chirala Mandal, Banatla Distrint fold Prakasa 2, GaviniAd: Marayana, YO. Mutyalu, Aged about 49 y ears, , Geo Cauvation, Kio. Burlay aripgiem vilage, Chirala Mandal, Bapatla District (Old Prakasam) 8. Gavinikesavaraa, S fo. Mutye ay: Aged about 42 years, Occ- Gulivation, Ryo. Burlavaripalemn village, Chirala Mandal, Rapatla District (Cid Prakasam) Respondents WHEREAS the Pellionar above named through his Advocate Sri NAGA PRAVEEN VANKAYALAPAT] presented this Petition under Article 228 of ie Constitution of india praying that in the crcumsiances stated in the affidavit fi therewith, the High Court may be pleased to issue a writ, order or direction more parhcularly one in the nature of WRIT OF 'MANDAML 18 declarin ng the action of 3rd respon nen in not removing unauthorized construction made by the respondents 4 to rn extent of Ac.O.28 cents and Ac.O.40 cents in respectively-coverad by Survey A a Nos.536/5A1 and 536/5C of Epurupalem Revenue village in Chirala Mandal of Bapatla District (Old Prakasam), as illegal, irregular and without jurisdiction, Contrary to the Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300 of Constitution of India and consequently direct the 3rd respondent to remove the unauthorized construction made by the respondent 4 to 8 in an extent of Ac.0.28 cents and Ac.0.40 cents in respectively covered by Survey Nos.536/5A1 and 536/5C of Epurupalem Revenue Village in Chirala Mandal of Bapatia District (Old Prakasam) . AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri NAGA PRAVEEN VANKAYALAPATI Advocate for the Petitioner and of GP FOR PANCHAYAT RAJ for Respondent Nos.1 & 2, SRI VINOD K REDDY, Standing Counsel for Respondent No.3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. 7 You viz: 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Bapatla District at Bapatla. 3. The Panchayat Secretary, Burlavaripalem Gramapanchayat, Burlavaripalem Village, Chirala Mandal, Bapatla District (Old Prakasam) 4. Burla Thirapatamma, W/o.Shanabandi, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam) 5. Burla Venkata Rao, S/o.Subbaiah, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam) 6. Bonthagorla Subhashini, ,W/o.Brahmayya, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (old Prakasam) 7. GaviniAdinarayana, ,S/o.Mutyalu, k/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam) 8. GaviniKesavarao, S/o.Mutyalu, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam). are be and hereby 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 within four weeks. 1A 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 3rd respondent to remove the unauthorized construction made by the respondent 4 to 8 in an extent of Ac.0.28 cents and Ac.0.40 cents in respectively covered by Survey Nos.536/5A1 and 536/5C oftpurupalem Revenue village in Chirala Mandal of Bapatla District (Old Prakasam), pending disposal of WP No. 39230 of 2022, on the file of the High Court. The Court made the following: ORDER
"Notice.
Learned counsel for the petitioner is permitted to take out personal notice on respondent Nos. 4 to 8 by RPAD and file proof of service. The petitioner is directed to file a representation regarding removal of the unauthorised construction, and if any such representation is filed, the 3"
respondent is directed to consider the same and take appropriate action by passing orders as per the rules on the subject.
Post this matter after four (4) weeks for filing the counter."
Sd/- SK. MD. RAFI ASSISTANT REGIST I'TRUE COPY// we Fo! To, SECTION OFFICER
1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. The District Collector, Bapatla District at Bapatla.
3. The Panchayat Secretary, Burlavaripalem §Gramapanchayat, Burlavaripalem Village, Chirala Mandal, Bapatla District (Old Prakasam)
4. Burla Thirapatamma, W/o.Shanabandi, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam)
5. Burla Venkata Rao, S/o.Subbaiah, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam)
6. Bonthagorla Subhashini, ,W/o.Brahmayya, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (old Prakasam)
7. GaviniAdinarayana, ,S/o.Mutyalu, k/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam)
8. GaviniKesavarao, S/o.Mutyalu, R/o.Burlavaripalem village, Chirala Mandal, Bapatla District (Old Prakasam).(Addressess 1 to 8 by RPAD- along with a copy of petition and affidavit.)
9. One CC to SRI. NAGA PRAVEEN VANKAYALAPATI Advocate [OPUC]
10.One CC to SRI. VINOD K REDDY, STANDING COUNSEL [OPUC]
11.Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] {12.One spare copy.
psk HIGH COURT DRS DATED OM 122028 POST AFTER FOUR WEEKS NOTICE BEFORE ADMISSION WP.No.39230 of 2022 DIRECTION