Andhra Pradesh High Court - Amravati
K. Ramakrishna, vs The State Of Andhra Pradesh, on 13 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28690 of 2022
JUDGMENT:-
1. Heard Sri Seshadri Goalla, learned counsel for the
petitioner and learned Government Pleader for Municipal
Administration for the respondent No.1, learned Government
Pleader for Revenue for the respondent Nos.2, 4, 6 and 9,
learned Government Pleader for Roads and Buildings for the
respondent Nos.3, 5 and 7 and Sri N.Ranga Reddy, learned
Standing Counsel for the respondent Nos.8 and 10.
2. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"In view of the above facts & circumstances of the
case, it is therefore prayed that this Hon'ble Court may be
pleased to issue an appropriate writ or order more
particularly one in the nature of Writ of Mandamus
declaring the action of the respondents especially
respondent Nos.5 to 10 in taking steps to allot the open
site to the 11th respondent herein in Survey No.357 at
R&B Road Margin at the eastern side of the petitioner
existing building situated at Ward No.9 at western side of
the main road which leads to Bellary in Kalyanadurgam
Town and Mandal Anantapuramu District by blocking the
road face to his existing buildings as illegal, arbitrary and
against the principles of natural justice and consequently
direct the respondents not to allot the open site to the
11th respondent herein in pursuance of the proposal made
by the 10th respondent/Municipality in Survey No.357 at
R&B Road Margin at the eastern side of his building
situated at Ward No.9 at western side of the main road
which leads to Bellary, in Kalyanadurgam Town and
Mandal Anantapuramu District and to pass such other
order or orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case."
3. Learned Government Pleader for Roads and Buildings for
the respondent Nos.3, 5 and 7 represents that W.P.No.19615 of
2022 was filed by different petitioners against the same
respondents including respondent No.11, the unofficial
respondent, for the prayer not to allot the open site to the
respondent No.11 with respect to the same survey number, in
which this Court vide interim order dated 15.07.2022 directed
the official respondents not to allot patta without the permission
of the Court. It was further provided that any process in the
meantime can be proceeded as per law, subject to outcome of
the writ petition.
4. The interim order dated 15.07.2022 passed in
W.P.No.19615 of 2022 is reproduced as under:-
"Notice before admission.
Learned counsel for the petitioner is permitted to take out
personal notice to respondent No.11 by RPAD and file
proof of service in the Registry.
Learned Government Pleader for Roads and Buildings
submitted that to process the issue of allotting land to the
11th respondent may be permitted to go on, but however,
the respondent authorities will not issue the patta to the
11th respondent.
Taking into consideration of the submissions made by
both the learned counsel, the respondent authorities are
directed not to allot the patta without the permission of this
Court. Any process in the meantime can be proceeded as
per law, subject to outcome of writ petition.
Post the matter after two (2) weeks."
5. Sri Seshadri Goalla, present counsel for the petitioner is
also the counsel for the petitioners in W.P.No.19615 of 2022.
6. The aforesaid fact has not been disclosed in the writ
petition. Copy of the order has also not been annexed.
7. Without disclosing the material facts the present writ
petition is filed which is abuse of the process of the Court. The
Court refuses to invoke its extraordinary writ jurisdiction.
8. The writ petition is dismissed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 13.09.2022
SCS
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28690 of 2022
Date: 13.09.2022
Scs
