Gottipati Murali Mohan vs The State Of Andhra Pradesh
2021 Latest Caselaw 1305 AP

Citation : 2021 Latest Caselaw 1305 AP
Judgement Date : 3 March, 2021

Andhra Pradesh High Court - Amravati

Gottipati Murali Mohan vs The State Of Andhra Pradesh on 3 March, 2021

Bench: D.V.S.S.Somayajulu

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI :;

(SPECIAL ORIGINAL JURISDICTION)
¢
WEDNESDAY, THE THIRD DAY OF MARCH
TWO THOUSAND AND TWENTY ONE "

 

:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU -

WRIT PETITION NO: 24396 OF 2020 ~~
Between:

Gottipati-Murali Mohan, S/o Venkateswarao Chowdary
oo . Petitioner
AND

1. The state of Andhra Pradesh, represented by its Pri. Secretary Panchayat Raj

Department, Secretariat, Velagapudi, Amaravati, Andhra Pradesh -

The District Collector, Krishna District at Machilipatnam

The Chief Executive officer, District Panchayat Officer, Panchayat Raj, Zilla Praja

Parishad, Krishna District, Machilipatnam , ~ °

4. The Mandal Parishad Development Officer, Mandal Praja Parishad, Vijayawada
Rural Mandal, Krishna District ,

5. Enikepadu Grampanchayat, representary its Secretary/Executive Officer,
Gramasachivalayam, Vijayawada Rural Mandat, Krishna District.

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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 , order or direction more particularly one in the nature of writ of Mandamus
declaring the action of the respondents 2 to 5 in seeking to construct Grama
Sachivalayam/Secretariat, Rythu Bharosa Center, Wellness Center in the open space in
an extent of 1273.61 square yards earmarked on the south of and abutting plot no.52 In
approved layout L.P.No.37/2006/VJA of VGTM (Vijyawada, Guntur, Tenali, Mangalaglri
Urban Development Authority) in R.S,No179/1 (P), 3 (P), 180/3 (P), 4, 181/1 (P) 2, 3, 4
(P) of Enikepadu Village, Vijayawada Rural Mandal, Krishna District of petitioner's
layout as the same is arbitrary, illegal and without Jurisdiction besides violative of Article
44 and 21 of the Constitution of India besides being: contrary to the Judgment In WP
No.1093/2020 dt.01-05-2020 and another Judgment reported in 1997 (6) ALD P-277 of
the Hontle High Court of Andhra Pradesh and consequently direct the respondents not
to construct any structures including Grama Sachivalayam/Village Secretariat in open
space mentioned above.

1A NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in W.P., the High Court may be pleased to stay the construction of
Grama Sachivalayam/Secretariat, Rythu Bandhu Center, Wellness Center proposed in
the open space in an extent of 1273.61 square yards on the south of and abutting plot
no.52 earmrked in approved layout L.P.No.37/2006/VJA of VGTM (Vijyawada, Guntur,
Tenali, Mangalagiri Urban DEvelopment Authority) in R.S.No179/1 (P), 3.(P), 1780/3 (P),
4, 181/1 (P) 2,°3, 4 (P) of Enikepadu Village, Vijayawada Rural Mandal, Krishna District
of petitioner's lay out, pending disposal of WP No. 24396 of 2020, on the file of the High
Court.

The petition coming on for hearing, upon perusing the petition and affidavit filed
herein and Order of High Court dated 93-12-2020 & 03.02.2021 made herein and upon
hearing the arguments of Sri P Prabhakar Rao Advocate for the Petitioner, and Sri K.
Koti Reddy, Standing Counsel for the Respondents, the Court made the following
 

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ORDER

Learned Standing Counsel seeks time for filing counter.

Post on 21.03.2021.

Interim order granted earlier shall stand extended till then.

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| ASSISTANT REGISTRAR _ IITRUE COPY// SECTION OFFICER

One CC to Sri P Prabhakar Rao Advocate [OPUC]

2. Two CCs to GP for Panchayat Raj Rural Development "High Court of Andhra Pradesh. [OUT]

One CC to Sri I. Koti Reddy, Standing Counsel (OPUC)

One spare copy

To,

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/ AGH COURT