Smt. J.Nagamani, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2247 AP

Citation : 2021 Latest Caselaw 2247 AP
Judgement Date : 2 July, 2021

Andhra Pradesh High Court - Amravati

Smt. J.Nagamani, vs The State Of Andhra Pradesh, on 2 July, 2021

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(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI oo...
(Special Original Jurisdiction) ee EE Ss

FRIDAY, THE SECOND DAY OF JULY,
TWO THOUSAND AND TWENTY ONE

'PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 12643 OF 2021

Between:
Smt. J. Nagamani, W/o. J. Maddileti,

Petitioner

AND

1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal
Administration and Urban Development Department, Secretariat, Velagapudi,
Amaravathi, Guntur District.

2. The Kurnool Municipal Corporation, Rep by its Commissioner, Kurnool! City,
Kurnool District-518004. «

3. The Deputy City Planner, Town Planning Department, Kurnool Municipal
Corporation, Kurnool City, Kurnool District-518004.

4. The Assistant City Planner-ll, Town Planning Department, Kurnool Municipal
Corporation, Kurnool City, Kurnool! District-518004

5. Kuruvu Venkataramudu, S/o. K.Krishnaiah, aged 32 years, Occ.Business, R/o.
H.No.2-63, P.Rudravaram Village, Gargeyapuram, Kurnool Mandal, Kurnool
District-518452.

Respondents

WHEREAS the Petitioner above named through her Advocate Sri Challa
Sivasankar 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 directions, more particularly one in the nature of Writ of
Mandamus, declaring the action of the respondents 2 to 4 herein in not taking action on
the petitioner complaints dated 25-06-2021 and 26-06-2021, which was made against
the 5th respondent unauthorized construction in Sy.No. 142 and 143 (P)}, Jaithunbee
Nagar, Joharapuram, Kurnool City, Kurnool! District, without any approved layout or
permission from the respondents 2 to 4 corporation, having lost the suit OS.No. 289 of

» 2014, by judgment and decree dated 11-12-2019, filed by 5th respondent vendor, which

is legal, arbitrary, unjust, violation of AP. Town Planning Act, 1920 and Articles 14 and
16 of the Constitution of India and consequently direct the respondents 2 to 4 to take
action on petitioner complaints dated 25-06-2021 and 26-06-2021, and forthwith stop
the illegal construction of the 5th respondent by encroaching petitioner sons house plot
Nos, 72 and 73 in Sy.No. 142 and 143 (P), Joharapuram, Kurnool City, Kurnool District,
as otherwise petitioner and her family members will suffer serious loss and hardship.

AND WHEREAS the High Court upon perusing the petition and affidavit filed
herein and upon hearing the arguments of Sri Challa Sivasankar, Advocate for the
Petitioner, GP for Municiapal Administration and Urban Development for Respondent
No.1,and Sri Kaiva Suresh Kumar Reddy, StandingCounsel for Resndent Nos 2 to 4
directed issue of notice to the Respondents herein to show cause as to why this WRIT
PETITION should not be admitted.

You viz:

1. The Principal Secretary, Municipal Administration and Urban Development
Department, State of A.P., Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Commissioner, Kurnool Municipal Corporation, Kurnool City, Kurnool
District-518004.

3. The Deputy City Planner, Town Planning Department, Kurnoo! Municipal
Corporation, Kurnool City, Kurnool District-518004.

' 4, The Assistant City Planner-ll, Town Planning Department, Kurnool Municipal
Corporation, Kurnool City, Kurnool District-518004
5. Kuruvu Venkataramudu, S/o. K. Krishnaiah, aged 32 years, Occ.Business, R/o.
H.No.2-63, P.Rudravaram Village, Gargeyapuram, Kurnool Mandal, Kurnool
District-5 18452.

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 affidavit filed therewith (copy
enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 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
grant interim stay against the 5th respondent illegal construction in Sy.No. 142 and 143
(P), Jaithunbee Nagar, Joharapuram, Kurnool City, Kurnool District, further directions to
the respondent 2 to 4 to take action on petitioner complaints dated 25-06-2021 and 26-
0672021, pending disposal of WP No. 12643 of 2021, on the file of the High Court.

The Court made the following
ORDER:

Notice before admission.

Petitioner is permitted to take out personal notice to respondent No.5 through RPAD and file proof of service into Registry.

Post after three (03) weeks.

In the meanwhile, respondent Nos 2 to 4 are directed to consider the representation made by the petitioner on 25-06-2021 and 26-06-2021 and pass appropriate orders.

Sd/-M.Suryanadha Reddy

ASSIS TANT REGISTRAR TRUE COPY// erin win a 7 SECTION-GFFICER te. co

1. The Principal Secretary, Municipal Administration and Urban Development Department, State of A.P., Secretariat, Velagapudi, Amaravathi, Guntur District.

2. The Commissioner, Kurnool Municipal Corporation, Kurnool City, Kurnool District-5 18004,

3. The Deputy City Planner, Town Planning Department, Kurnool Municipal Corporation, Kurnool City, Kurnool District-518004.

4. The Assistant City Planner-ll, Town Planning Department, Kurnool Municipal Corporation, Kurnool City, Kurnool District-518004

5. Kuruvu Venkataramudu, S/o. K.Krishnaiah, aged 32 years, Occ. Business, R/o.

H.No.2-63, P.Rudravaram Village, Gargeyapuram, Kurnool Mandal, Kurnool

District-518452. (Addressee Nos 1 to 5 by RPAD- along with a copy of

pstition and affidavit)

One CC to Sri. Challa Sivasankar Advocate [OPUC]

One CC to Sri Sruresh Kumar Reddy Kalava, Standing Counsel (OPUC

Two GCs to GP for Municipal Administration and Urban Development, High

Court Of Andhra Pradesh. [OUT]

9. One spare copy