Citation : 2021 Latest Caselaw 2371 AP
Judgement Date : 13 July, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI £
{SPECIAL ORIGINAL JURISDICTION) ~--
TUESDAY, THE THIRTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE ~
'PRESENT: --
THE HONOURABLE SRI JUSTICE D RAMESH ~~
WRIT PETITION NO: 13598 OF 2021 ~
Between:
Mohd. Abeeda Begum, W/o. Md. Dada Peer, Aged about 50 years, Occ
Housewife, R/o. D.No.3-267, Inugudurupeta, Machilipatnam, Krishna District. ---
. ...Petitioner
AND
1. Machilipatnam Municipal Corporation, Machillpatnam, Krishna District. Rep. by
its Commissioner. ~
2. The Town Planning Officer, Machilipatnam Municipal Corporation,
Machilipainam, Krishna District.
" : . 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 of mandamus or any other appropriate writ or direction declaring the action
of the 1° respandent in making constructions infront of the shop bearing premises
H.No.3/267-2, Block No.3, Abbas Panja Road, Machilipatnam, Krishna District as illegal,
arbitrary and consequently direct the respondents to remove the pedestal and the
constructions surrounding the pedestal forthwith and further direct the'-Ist respondent to
pay compensation to the petitioner for remova! of temporary structure without following
due process of law.
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 stay all
further proceedings including construction infront of the shop belonging to the petitioner
situated at H.No.3/267-2, Block No.3, Abbas Panja Road, Machilipatnam, Krishna
District, pending disposal of WWP 13598 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 O Manoher Reddy,
Advocate for the Petitioner, Sri M. Manohar Reddy, Standing Counsel for the
Respondents, the Court made the following:
ORDER:
"In view of the averments made in the writ petition and after hearing the arguments of Sri O.Manohar Reddy, learned counsel for the petitioner, who relied on the judgments of this Court i.e., common order in W.P. No.344 and 7024 of 2019, there shall be an interim direction, as prayed for.
Post after four (04) weeks." Sd/- M. SRINIVAS
ASSISATNT REGISTRAR TRUE COPYII A .
cor SECTION, OFFICER
To,
1. The Commissioner, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District.
The Town Planning Officer, Machilipatnam Municipal Corporation, Machilipatnam, Krishna District.(1 & 2 by RPAD) One CC to Sri. O. Manoher Reddy, Advocate [OPUC] One CC to Sri M. Manohar Reddy, Standing Counsel [OPUC] One spare copy.
NS
to on & OO
HIGH COURT
DR,
DATED:13/07/2021
aKiee
Post AFTER FOUR (04) WEEKS WP.No.13598 of 2024
INTERIM DIRECTION
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