Andhra Pradesh High Court - Amravati
Anjaneya Housing Estates Private ... vs The State Of Andhra Pradesh on 28 January, 2022
Bench: Cheekati Manavendranath Roy
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P. No.1992 of 2022
PROCEEDING SHEET
Sl. Office
DATE ORDER
No Note
1. 28.01.2022 CMR, J
W.P. No.1992 of 2022
Learned Government Pleader for Municipal
Administration takes notice for 1st respondent, learned
Government Pleader for Panchayat Raj Rural
Development takes notice for 2nd respondent, Sri Kasa
Jagan Mohan Reddy, learned Standing Counsel for
A.P.C.R.D.A. takes notice for 3rd respondent, learned
Government Pleader for Revenue takes notice for
respondents 4 and 7, learned Government Pleader for
Agriculture and Cooperation takes notice for respondents
5, 6 and 8, Sri I.Koti Reddy, learned Standing Counsel for
Gram Panchayat takes notice for respondents 9 and 10
and Sri M.Manohar Reddy, learned Standing Counsel for
Municipal Corporation takes notice for 11th respondent.
All the aforesaid counsel appearing for
respondents seek time to file counter-affidavits.
Print the names of learned Government Pleader
for Agriculture and Cooperation for respondents 5, 6 and
8, Sri I.Koti Reddy, learned Standing Counsel for
respondents 9 and 10 and Sri M.Manohar Reddy, learned
Standing Counsel for 11th respondent.
Post the matter after four (04) weeks.
________
CMR, J
I.A.No.1 of 2022
The grievance of the writ petitioners is that in a
land which is earmarked as open space in the layout that
the respondents are proposing to construct a Grama
Sachivalayam-Multi Purpose Facility Centre in an extent
of Ac.0-50 cents and that the proceedings to that effect
which are impugned in this writ petition bearing
Rc.No.1975/2020-C, dated 12.10.2021 are already issued
and it is impermissible under law to make any such
constructions earmarked as open space in a layout.
Therefore, questioning the said proposal to construct the
building for Grama Sachivalayam-Multi Purpose Facility
Centre in an open space earmarked in the layout, the
present writ petition has been filed.
As per the layout plan and the other documents
which are produced along with this writ petition, it is
evident that the proposed site is earmarked as an open
space in the layout. Therefore, whether the said proposal
to construct a building for Grama Sachivalayam in an
open space earmarked in the layout is legally permissible
under law or not and whether the impugned proceedings
are legally sustainable or not, is to be ascertained in the
main writ petition after the respondents file their counter-
affidavits.
In view of the judgment relied on by the learned
counsel for the petitioners in W.P.No.1093 of 2020,
wherein this Court held that no construction of any
building shall be made in a park which is earmarked in
the layout, there shall be an interim direction to the
respondents not to proceed with any construction of the
building for Sachivalayam/Multi Purpose Facility Centre
in the open space earmarked in the layout, till the next
date of hearing and the impugned proceedings dated
12.10.2021 issued by the 4th respondent to that effect also
stands suspended, till the next date of hearing.
________
CMR, J
ARR
