Andhra Pradesh High Court - Amravati
Terapalli Arjuna Rao vs The State Of Andhra Pradesh on 19 September, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28863 of 2022
JUDGMENT:-
1. Heard Sri K.Jyothi Prasad, learned counsel for the
petitioner and learned Assistant Government Pleader for
Municipal Administration for the respondent Nos.1, 2 and 4 and
Sri G.Naresh Kumar, learned counsel, representing Sri
M.Manohar Reddy, learned Standing Counsel for the
respondent No.3.
2. For the order proposed to be passed issuance of notice to
the unofficial respondent Nos.5 and 7 is dispensed with.
3. With the consent of the parties counsels, the writ petition
is being disposed of finally at this stage.
4. This writ petition under Article 226 of the Constitution of
India has been filed for the following relief:-
"Under the circumstances stated above, it is humbly
prayed that this Hon'ble Court may be pleased to issue an
appropriate writ, order or direction more particularly one
in the nature of Writ of Mandamus declaring the inaction
on the part of the official respondents on the
representation got issued by the petitioner by way of legal
notice dated 01.08.2022 with a request to take necessary
action against the respondents 5, 6 and 7 for their
unauthorized constructions by encroaching into the public
road situated in Veeravarapu Peta, Tuni, East Godavari
(Kakinada) District, without obtaining any permission and
to demolish the same and to deal with them according to
law and to take stringent action against the subordinates
of the 3rd respondent as illegal, irregular, irrational and
violation of provisions of A.P. Municipal Corporations Act
and Articles 14, 21 and 300-A of the Constitution of India
and to consequently direct the official respondents to
demolish the unauthorized constructions made by the
respondents 5, 6 and 7 by encroaching the road portion
without any valid permission and to protect the road from
the unauthorized constructions and to pass such other
order or orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case."
5. Sri G.Naresh Kumar, learned Standing Counsel for the
respondent No.3, on the basis of instructions submits that the
respondent Nos.5 to 7 were issued a provisional order dated
26.07.2022 also calling for their explanation and thereafter an
order of confirmation dated 06.08.2022 has been passed, which
was also served on 01.09.2022 on the husband of the
respondent No.7. Consequently, it is not correct to say that the
Corporation has not taken any step on the petitioner's
application.
6. In view of the aforesaid as Corporation has already passed
the confirmation order dated 06.08.2022, the cause of action
does not survive any more to continue with the petition, which
is being disposed of with the observation that the respondent
No.3, shall ensure compliance of the order of confirmation dated
06.08.2022 with due information to the respondent Nos.5 to 7
and if there is no other legal impediment in its compliance.
7. It is however open for the respondent Nos.5 to 7, in case
of grievance against the confirmation order, to seek their remedy
as may be available to them under law before the appropriate
forum, if so advised.
8. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date: 19.09.2022
Note:-
Issue C.C by 22.09.2022
B/o
SCS
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28863 of 2022
Date: 19.09.2022
Scs
