Andhra Pradesh High Court - Amravati
Kodukula Subramanyam vs The State Of Andhra Pradesh on 12 December, 2022
Bench: Ravi Nath Tilhari
IN THE HIGH COURT OF ANDHRA PRADESH 5: AMARAVAT
(SPECIAL ORIGINAL JURISDICTION)
MONDAY THE TWELFTH DAY OF DECEMBER
TAQ THOUSAND AND TWENTY TAYO
: PRESENT:
THE HONOURABLE SRI JUSTICE RAVI NATH TILHAR!
WRIT PETITION NOx: 38088 OF 2022
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Setween:
Kodukula Subramanyam, S'o Late Narasimha Murthy, Aged. 48 years, Rio D.No.g0
0-80, Golla Narayana Puram, Vapagunta, Visakhapainam Disinol.
Petitioner
AND
]. The State of i Andhra Pradesh, Rep. by fis Principal Secretary, Municipal
Adrunistration Department, Seoretarial, V Velagapud), Guntur District
2. the Grester Vesakhapatnam Municipal Corporation, Rap by ts onal
Commissioner, done-VHl Ward No.Q3, Vepagunia, vi isakhapainam CHatrict.
&. The Assistant City Pisnner, GVMC, Zone ~ VIL, Ward No.85, Vepagunte @
Visakhapatnam hatric os
4. The Town Flanning Offs joer, GYVMD, Zone - Vil, Ward No.8, Verpagunta,
Visgkhagainam District. ~
Raspondanis
Petition under Article 226 of the Constitution of India graying that in the
oreumstances sfated in the affidavit Aled therewith, ihe High Court may be pleased
fo issue an appropriate writ, order or direction more particularly one in the nature of
Wit of Mandamus declaring the action of the respondents Oy the notice
Nin. OT SOR2/ACP- VA AVERS-~4S3AN-93, at 30.14 eee issued by the 3° respondent
herein confirming the show cause notice dated. 19.10.2022 where by directed the
petitioner to bring dewn the construction that is hein ng made in an extent of 154
nt Yards covered by Flot No.31, Pata No.3Y, Sy Na Sii8 (ot/Part as per LRO
igid Sketoh), Vepagura, Visakhapainam, Visakhapainam District Into 'the rule
frame within 7 cays from the dats of the reoeipt of the notice, otherwise action will be
inviated against ine construction made by the pe aeonet a8 per provisiona of the AP
Municipal Corporation Act 1955 as Wiegal, arbitrary, malafide, ane contrary fo the
provisions of the Act and fo consequently direc the raapondents not to interferes with
ihe oeilioner's passession and anioyrnent of the above prapéfy by setting aside the
impugned notice issued by S™ respondent, in the infereat of justice
IA NC: 1 OF 2022
Fatition under Seation 197 CPC praying that in the circu umstan aes stated |
the affidavit Med in suppert of the petition. the High Court may be pleased fo di rect
the rescondents not io interfers with the petitioner's. POSSE Sit, aroyment and
construction activity thal is being made in an extent of 151 Sq Yards covered by Plot
No.S1, Pattie Noy, 7 Sy. No 181/48 (i$U/Part ag per LRC Field Sketch), Vepagunta,
Visakhanatnarn, Vieakhanatnarn District, in.any manner Including demolition of ine
constructions by SUSPENTINg the impugned notice No.OT/202S/ACPATNANPRD- «
4Q3AV-O8, di 30.11.2082 issued by the 3° respondent, pending disposal of WP
SEQSE of 20 O22, on the fle of the Hic ght Court.
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SES
The petition coming on for hearing, upon perusing the Peltian and the
aNidawit Hed in suppor fhereof and the order of the Hi gh Gout dated 09.723. 2028
Made herein and ugon hearing the erquments of SRI K qv OTH RRASAD Advocate
for the Peltioner, and of GP FOR MUNCIFAL ADMINISTRATION for the
. Respondent Not, SRLS LAKSHMINARAYANA REOQOY Standing Course! for
Respondent Nos 3 fo 4, the Court rade the following.
ORDER:
"Learmed counsel for ine petiioner submits that the dispute as stated is
the preaant writ petition, can be decided In terms of the judgment of this Court
dated 16.08.2022 In the case of EV Rama Rao Ys. The State of AB. and
others (2022(4) LS. 265 (A.Py, In as mhuch as the notice and the final Order in
the present case, also suffer from the same infirmity as the notice and final
order in EV. Rama Rao, suffered from.
Gn the request made by Sri Lakshmi Narayana Reddy, to enable him to
look info the above aspect, post the matter an 13.42.2022 in the mation Hist.
Ta,
inferint arder, granted earlier, is-exfended Hl 13.42.2022."
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Sos UW. SRI DEY
ASSISTANT REGISTRAR
SPRUE COPYH
Pog SECTION OFFICER
Ore 6 Co to SRIEK SYOTHI PRASAD Advocate [OPUC)
Two OCs to GP FOR MUNCIPAL ADMINISTRATION, High Court of Andhra
Pradesh. [OUT
One OG to SRI LASSHM! NARAYANA REDDY, Standing Counsel [OPUC}
One spare copy -
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HIGH COURT
MAT
DATED (22/2022
POST ON 15.12.2022 IN THE MOTION LIST
ORDER
WP.No. S888 of O22
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EXTENTION OF INTERIM ORDER
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