Andhra Pradesh High Court - Amravati
Adapa Devendra Rama Krishna ... vs State Of Andhra Pradesh on 9 February, 2021
Bench: D.V.S.S.Somayajulu
7
[ 2692 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE NINTH DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 1892 OF 2021 |
Between:
Adapa Devendra Rama Krishna Lakshmi Ranganath Prasad, S/o late Venkaiah.
, ...Petitioner
"OE AEG
AND
1. State of Andhra Pradesh, through its Pri., Secy., MA and UD Dept., Secretariat,
Velagapudi, Amaravathi.
The Amaravathi Metropolitan Region Development Authority, through its Vice-
Chairman, Governorpet, Vijayawada. ,
The Revenue Divisional Officer, Nuzivid, Krishna District.
The District Registrar, Krishna at Machalipatnam.
The Sub-Registrar, Kanumolu, Krishna District.
The Divisional Engineer, A.P. Transco, Gudiwada.
The Asst. Electrical Engineer, A.P. Transco, Nuzivid Road, Hanuman Junction.
Bapulapadu Grama Panchayat, through its Secretary, Bapulapadu (V) and (M),
Krishna District.
9. Adapa Udaya Shankar, S/o Subba Rao, aged about 54 years, R/o Bapulapadu
(V) and (M), Krishna Dt.
10.Smt. Pushadapu Haritha, W/o Ramu, aged about 39 years, R/o Bapulapadu (V)
and (M), Krishna Dt.
NS
CONOR
...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 a Writ, Orders or Direction particularly one in the nature of Writ of Mandamus
directing the
(1) respondent Nos., 2 and 8 to remove the illegal construction made at the
property situate in R.S.No.40/3 of Bapulapadu (V) and (M) of Krishna District,
within a time bound programme and directing not to extend any water supply
and not to levy property tax,
(2) respondent Nos., 4 and 5 not to register any document for alienation of the
properly being an extent of Ac.1.30 cts in R.S.No.40/3 of Bapulapadu (V) and
(M) of Krishna District, in favour of the third parties either by the respondent
No.9 or his agents,
(3) respondent Nos., 6 and 7 not to extend electricity service connection in favour
of the respondent Nos.9 and 10
declaring their action is violative of Article 14 and 300-A of the Constitution of India
besides being in violation of decree and judgment delivered in O.S.No.159/2011 on the
file of the learned Sr. Civil Judge, Nuzivid.
IA NO: 2 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondent Nos.2 and 8 to demolish the construction made by the respondent No.10 in
R.S.No.40/3 of Bapulapadu (V) and (M) of Krishna District vide O.S.No.159/2011 on the
file of the learned Sr. Judge Court, Nuzivid and not to provide any water supply and not
to levy property tax, pending disposal of WP 1892 of 2021, on the file of the High Court.
IA NO: 3 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased direct the
respondent Nos., 4 and 5 not to register any document in respect of the property being
o
an extent of Ac.1.30 cts in R.S.No.40/3 of Bapulapadu (V) and (M) of Krishna District
vide O.S.No.159/2011 on the file of the learned Sr. Judge Court, Nuzivid, pending
disposal of WP 1892 of 2021, on the file of the High Court.
IA NO: 4 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the writ petition, the High Court may be pleased to direct the
respondent Nos. 6 and 7 not to provide electricity service connection in respect of the
property being an extent of Ac.1.30 cts in R.S.No.40/3, of Bapulapadu (V) and (M) of
Krishna District in violation of the decree passed in O.S.No.159/ 2011 on the file of the
learned Sr. Civil Judge, Nuzivid, pending disposal of WP 1892 of 2021, 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 V S R Anjaneyalu,
Advocate for the Petitioner, GP for Municipal Administration & Urban Development for
the Respondent No.1 and of Mr. | Koti Reddy, standing counsel and Sri Sashi, counsel
representing Mr. Kasa Jagan Mohan Reddy, standing counsel for the Respondents, the
Court made the following.
ORDER
"Heard learned counsel for the petitioner, Junior counsel representing Mr. |
Koti Reddy, learned standing counsel and Sri Sashi, learned counsel
representing Mr. Kasa Jagan Mohan Reddy, learned standing counsel.
It is clearly admitted that as on 05.12.2019, the CRDA has issued a notice to
the unofficial respondents to stop further construction.
The learned Junior counsel submits that thereafter another remainder was
also issued followed by show cause notice on 19.03.2020. He states on
instructions that despite the issuance of notices construction has not been
stopped.
In that view of the matter, even this Court is of the opinion that the
respondents herein and more particularly respondent Nos.2 and 8 are directed to
take steps immediately to ensure that further construction activity of any nature
whatsoever is not carried out in the said site.
List this matter on 23.02.2021.
In the meanwhile, learned counsel for the petitioner is permitted to take out
personal notice to the unofficial respondent Nos.9 and 10 through RPAD and file
proof of service."
A
Sd/-K.TataRao "
assis REGISTRAR
FICER
I[TRUE COPY!/ SECTION O
To,
1. The Pri. Secretary, MA and UD Dept., Secretariat, State of Andhra Pradesh,
Velagapudi, Amaravathi.
2. The Amaravathi Metropolitan Region Development Authority, through its Vice-
Chairman, Governorpet, Vijayawada.
3. The Revenue Divisional Officer, Nuzivid, Krishna District.
4. The District Registrar, Krishna at Machalipatnam.
ae
SP
The Sub-Registrar, Kanumolu, Krishna District.
The Divisional Engineer, A.P.Transco, Gudiwada.
The Asst. Electrical Engineer, A.P.Transco, Nuzivid Road, Hanuman Junction.
oN aa
The Secretary, Bapulapadu Grama Panchayat, Bapulapadu (V) and (M), Krishna
District.
9. Adapa Udaya Shankar, S/o Subba Rao, aged about 54 years, R/o Bapulapadu
(V) and (M), Krishna Dt.
10.Smt. Pushadapu Haritha, W/o Ramu, aged about 39 years, R/o Bapulapadu (V)
and (M), Krishna Dt. (1 to 10 by RPAD)
11.One CC to Sri V S R Anjaneyalu, Advocate [OPUC]
42.Two CCs to GP for Municipal Administration & Urban Development, High Court
of Andhra Pradesh. [OUT]
13.One spare copy
_ HIGH COURT
DVSSJ
DATED: 09/02/2021
LIST THIS MATTER ON 23.02.2021.
ORDER
WP.No.1892 of 2021
DIRECTION
ey ee
