Andhra Pradesh High Court - Amravati
Ganacharam Manjula vs The State Of Andhrapradesh on 11 November, 2020
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
[ 3208 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY 7 : PRESENT: WRIT PETITION NO: 21174 OF 2020 = Between: Ganacharam Manjula, W/o Muthyalu. ...Petitioner AND 1. The State of Andhrapradesh, rep. by its principal Secretary, Home Department, secrateriate Buildings, Velagapudi, Guntur District, AP. The Director General of Police, State of Andhrapradesh, Mangalagiri, Guntur, Andhrapradesh. Superintendent of Police, Tirupathi, Chittoor District. The Station House Officer, East Police Station, Tirupathi, Chittoor District. Sarai Dinesh, S/o Yerraiah, Age- 31, Occ- Business, Sarai Yerraiah, S/o Not known to the petitioner, Age- 56, Occ- Business N Oak w ( Both are R/o D.No.13-5-531/A2 Tata Nagar, Tirupathi, Chittoor District. ...Respondents
WHEREAS the Petitioner above named through her Advocate Sri G Eswaraiah 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamous declaring the inaction of the respondent No.3 and 4 in allowing the respondent Nos.5 and 6 who are making illegal construction in the petition schedule property in |.A.No.841/2015 in O.S.No.447/2015 dated 23/12/2016 on the file of Principal Junior Civil Judge, Tirupathi is voilative is illegal, arbitrary and against to law besides violative of Article 14 of the Constitution of India, and consequently direct the respondent No.3 and 4 to take action against the respondent Nos. 5 and 6 from making illegal construction in the petition schedule property in 1.A.No.841/2015_ in O.S.No.447/2015 dated 23/12/2016 on the file of Principal Junior Civil Judge, Tirupathi.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri G Eswaraiah, Advocate for the Petitioner, GP for Home for Respondent No.1 to 4, directed issue of notice to the Respondent No.5 & 6 herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
1. Sarai Dinesh, S/o Yerraiah, Age- 31, Occ- Business, R/o D.No.13-5-531/A2 Tata Nagar, Tirupathi, Chittoor District.
2. Sarai Yerraiah, S/o Not known to the petitioner, Age- 56, Occ- Business, R/o D.No.13-5-531/A2 Tata Nagar, Tirupathi, Chittoor District.
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.
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 respondent Nos.3 and 4 to take immediate steps to stop the respondent Nos. 5 and 6 from making illegal constructions in the petition schedule property in 1A.No.841/2015 in"
0.S.No.447/2015 dated 23/12/2016 on the file of Principal Junior Civil Judge, Tirupathi, pending disposal of WP No.21174 of 2020, on the file of the High Court. The Court made the following: ORDER "Learned Government Pleader for Home has taken notice for official respondent Nos. 1 to 4 and requests time to seek instructions. Issue notice to respondent Nos. 5 and 6. List the matter after two weeks.
In the meanwhile, there shall be a direction to the 4th respondent/Station House Officer, East Police Station, Tirupathi, to provide police protection to the petitioner to implement the temporary injunction order Passed in |.A.No.841 of 2015 in O.S.No.447 of 2015 on the file of learned Principal Junior Civil Judge, Tirupati, as it is alleged that the unofficial respondent Nos.5 and 6 are making illegal constructions in the disputed property despite the order of temporary injunction order passed by the lower Court." Sq. a od/- (3. NARSING ASSISTANT ppp a0 / ' REGISTRAR TRUE COPYI// ~ For ASSISTANT REGISTRAR To,
1. The Principal Secretary, Home Department, secrateriate Buildings, Velagapudi, State of Andhrapradesh, Guntur District, AP.
2. The Director General of Police, State of Andhrapradesh, Mangalagiri, Guntur, Andhrapradesh.
3. Superintendent of Police, Tirupathi, Chittoor District.
4. The Station House Officer, East Police Station, Tirupathi, Chittoor District.(1 to 4 by RPAD)
5. Sarai Dinesh, S/o Yerraiah, Age- 31, Occ- Business, R/o D.No.13-5-531/A2 Tata Nagar, Tirupathi, Chittoor District.
6. Sarai Yerraiah, S/o Not known to the petitioner, Age- 56, Occ- Business, R/o D.No.13-5-531/A2 Tata Nagar, Tirupathi, Chittoor District. (5 & 6 by RPAD- along with a copy of petition and affidavit)
7. One CC to Sri G Eswaraiah, Advocate [OPUC]
8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]
9. One spare copy sp HIGH COURT CMRJ DATED: 11/11/2020 NOTE: LIST THE MATTER AFTER TWO WEEKS NOTICE BEFORE ADMISSION WP.No.21174 of 2020 INTERIM DIRECTION 21 NAV oe