Popuri Venkata Krishnaiah, vs State Of Andhra Pradesh
2022 Latest Caselaw 6795 AP

          THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                   WRIT PETITION No.27422 of 2022

ORDER:-

1.     Heard Sri C.Subodh, learned counsel for the petitioner and Sri

G.Naresh Kumar, learned counsel, representing Sri M.Manohar Reddy,

learned Standing Counsel for the respondent Nos.2 and 3.

2. With the consent of the parties counsel, the writ petition is being

disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of India

has been filed for the following relief:-

"It is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not taking action on the illegal and unauthorized constructions made by the respondents 4 and 5 in an extent of 184 sq. yds of site situated at Chodavarapu vari Street Governorpet, Vijayawada, in Municipal Ward No.22, Revenue Ward No.10, Block No.4, Asst. No.194110. T.S.No.139, present Door No.27-35-19, Old Door No.10/461 as illegal, arbitrary and violation of Article 300- A of Constitution of India and violation of the orders passed by this Hon'ble Court in W.P.14116/2020, dt.21.08.2020 and consequently direct the respondents 2 and 3 to take action against the illegal and unauthorized construction made by the respondents 4 and 5 over the property belonging to the petitioner and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the petitioner

being aggrieved by the action of the unofficial respondent Nos.4 to 6 in

raising unauthorized constructions, approached the respondent Nos.2

and 3 for taking necessary action and also filed W.P.No.14116 of 2020,

which was disposed of by this Court on 21.08.2020 in following terms:

"Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel and on perusal of the record, this Court, in the interest of justice, felt it appropriate to dispose of the writ petition giving liberty to the petitioner to make a comprehensive nd representation to the 2 respondent Municipality with all necessary documents within a period of ten days from the date of receipt of copy of nd the order and on such representation being made, the 2 respondent Municipality is directed to consider the same as per law after issuing notice to the respondents 4 to 6 and pass appropriate orders and communicate the same to the petitioner, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of the order"

5. He further submits that the petitioner filed a comprehensive

representation on 26.09.2020, but the same was not disposed of and

when the petitioner approached the respondent authorities to enquire

about the action taken, the petitioner was informed that the said

representation was not available and asked him to submit another

representation. The petitioner again submitted a copy of the same

representation dated 26.09.2020 and obtained the acknowledgment

receipt dated 03.06.2021, but the final orders have not yet been

passed and consequently the present writ petition has been filed.

6. Sri G.Naresh Kumar, learned counsel, representing Sri

M.Manohar Reddy, leaned Standing Counsel for the respondents, on

the basis of instructions received, submits that the petitioner did not

submit the comprehensive representation within the period granted by

this Court in W.P.No.14116 of 2020, dated 21.08.2020. There is also

no endorsement of receiving of the representation dated 26.09.2020 as

alleged by the petitioner and the acknowledgment annexed, dated

03.06.2021, cannot be related to the representation dated 26.09.2020.

His submission is that in view thereof, the final orders could not be

passed.

7. Sri G.Naresh Kumar, learned counsel, on the basis of

instructions, further submits that the petitioner when again approached

and appraised the respondent authorities about the aforesaid facts, a

notice dated 08.06.2022 was issued to the petitioner as also to the

unofficial respondents 4 and 5 to submit their respective

comprehensive reply along with supporting documents to enable the

Corporation to take appropriate action and final decision in the matter.

8. He further submits that in response to the notice, the petitioner

as also the respondent Nos.4 and 5 have submitted their replies and

also the documents. In the reply, the respondent Nos.4 and 5 have

mentioned about the Judgment in OS.No.770 of 1992, dated

03.02.2005 on the file of the Principal Senior Civil Judge Court,

Vijayawada. Consequently, the 2nd respondent, after taking into

consideration the reply submitted by the petitioner as also respondent

Nos.4 and 5 and the documents annexed as also copy of the

Judgment, shall pass appropriate orders within a period of four (4)

weeks.

9. In view of the aforesaid submissions advanced, the writ petition

is being disposed of finally with a direction to the 2nd respondent to

pass final orders in the matter, after considering the reply of the

petitioner as also of the respondent Nos.4 and 5, after giving them an

opportunity of hearing, in accordance with law, within a period of four

(4) weeks from the date of receipt of a copy of this order, provided

there is no other legal impediment in which case such legal impediment

shall be recorded. The 2nd respondent shall ensure that the order, if

any, passed by the Principal Senior Civil Judge, Vijayawada in

O.S.No.770 of 1992 is not violated.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 12.09.2022 sj

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.27422 of 2022

Date: 12.09.2022

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