Andhra Pradesh High Court - Amravati
Annam Nagulu vs Shaik Shartat Ali, on 7 July, 2021
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HIGH COURT OF ANDHRA PRADESH : AMARAVATI
MAIN CASE: W.A.No.372 of 2021
PROCEEDINGS SHEET
Sl. DATE ORDER OFFICE
No. NOTE
1. 07.07.2021
I.A.No.1 of 2021
This is an application for dispensing with filing of
certified copy of the judgment in WP.No.4213 of 2019.
Dispensed with for the present.
Petition stands disposed of.
I.A.No.2 of 2021 & I.A.No.4 of 2021
I.A.No.2 of 2021 is an application seeking leave to file
appeal against the judgment dated 08.04.2019 passed in
W.P.No.4213 of 2019.
I.A.No.4 of 2021 is an application to condone the delay
of 310 days in filing appeal against the judgment dated
08.04.2019 passed in W.P.No.4213 of 2019.
Heard Mr. Nimmagadda Venkateswarlu, learned
counsel for the appellants.
Also heard Mr. G.V.S. Mehar Kumar, learned counsel
for respondent No.1/writ petitioner, Mr.A.Jagannadha Rao,
learned Government Pleader for Municipal Administration
appearing for respondent No.2, Mr.M.Manohar Reddy, learned
standing counsel appearing for respondent No.3,
Mr. P.Subash, learned Government Pleader for Revenue
appearing for respondent No.4, and Mr.K.Narsi Reddy, learned
Government Pleader for Roads and Buildings appearing for
respondent No.5.
The writ petition was filed stating that the writ
petitioner wanted to construct a multi-storied building and
some weaker section people encroached part of his land and
also part of public place and raised huts. As his attempt to
evict the encroachers failed, recourse was taken by the writ
petitioner by filing the writ petition, and the learned single
Judge by the impugned judgment directed to remove the
encroachments in accordance with law. As no further action
was taken, a contempt case was filed, and as a result of the
same, a notice was issued on 24.04.2021 to vacate the land
and houses.
Sl. DATE ORDER OFFICE
No. NOTE
It is submitted that only when the notices came to be
issued on 24.04.2021, the appellants became aware of the
order dated 08.04.2019 passed in W.P.No.4213 of 2019 and,
as such delay has occurred.
Having regard to the above explanation, the delay is
condoned.
I.A.No.4 of 2021 stands disposed of.
On a writ petition filed by the appellants in
W.P.No.9277 of 2021 challenging the aforesaid notices, this
Court had set aside the said notices with certain observations
giving liberty to the State/respondents to issue show cause
notices and call for their explanations.
It is submitted by Mr. Nimmagadda Venkateswarlu that
having regard to the contention of the writ petitioner that
there was encroachment in part of his land, it is evident that
instead of approaching the civil court for eviction of the such
persons, if there be any, writ jurisdiction was invoked, that
too, without making the appellants parties to the writ
proceedings.
Having considered the submissions of the learned
counsel for the parties, we are inclined to grant leave to file
appeal.
Accordingly, leave to file the present appeal is granted.
I.A.No.2 of 2021 stands disposed of.
W.A.No.372 of 2021
Issue notice, returnable in 8 (eight) weeks.
Until further orders, the operation of the order of the
learned single Judge shall remain suspended.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
GM
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No. NOTE
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