Andhra Pradesh High Court - Amravati
L Narasimha Reddy vs The State Of Andhra Pradesh on 5 May, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 6065 OF 2023
JUDGMENT:-
1) Heard Sri. K. Srinivas, learned Counsel for the
Petitioner, learned Government Pleader for Municipal
Administration and Urban Development for the Respondent
No.1 and Sri. N. Ranga Reddy, learned Standing Counsel for
the Respondent Nos. 2 and 3.
2) With the consent of the parties Counsels, the Writ
Petition is being disposed of finally at this stage.
3) The Petitioner has filed this Writ Petition, under
Article 226 of the Constitution of India, for the following
relief:-
"......pleased to issue a Writ or direction more
particularly one in the nature of Writ of Mandamus
declaring the action of the 2nd and 3rd respondents
in not acting upon the representation dated
28.02.2023 made by the petitioner in respect of the
unauthorized construction made by the 4th
respondent over the petitioner's property situated
in Sy. No. 67 within the limits of Puttaparthi
Nagara Panchayath of Satya Sai (Anantpuramu)
District is illegal, arbitrary, and unconstitutional
and contrary to the Articles 14 19, 21 and 300A of
Constitution of India and consequently direct the
respondents No.2 and 3 to stop the illegal
construction made by the 4th respondent over the
petitioner's house property by duly considering the
representation dated 28.02.2023 and
pass.................."
4) The Petitioner's grievance is that, the 4th Respondent
is raising unauthorized construction, including over the
Petitioner's property, and in-spite of the Petitioner's
representation, dated 28.02.2023, no action is being taken.
5) Sri. N. Ranga Reddy, based on the instructions submits
that, a notice, dated 20.03.2023, was issued to the 4th
Respondent. He filed W.P. No. 7684 of 2023, which was
disposed of on 28.03.2023, with direction to 4th Respondent
to submit explanation within a week. The Respondent No. 2 -
the Commissioner of the Nagara Panchayat, Satya Sai
District, was directed to pass appropriate orders according to
law. It was also provided that till the final order is passed, no
steps for demolition of the structures shall be taken by the
Nagara Panchayat.
6) Learned Counsel for the Petitioner does not dispute but
has placed a copy of the writ order, dated 28.03.2023, before
this Court.
7) In view thereof, the grievance, as raised, in the present
Writ Petition does no longer survive. The proceedings have
already been initiated against the Respondent No.4. The 2nd
Respondent shall pass appropriate order in terms of the
directions issued in W.P. No.7684 of 2023, by Order, dated
28.03.2023.
8) However, the Petitioner shall also be afforded
opportunity and his representation shall also be
considered.
9) The writ petition is disposed of.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
________________________
RAVI NATH TILHARI, J
Date: 05.05.2023.
SM/.
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 6065 OF 2023
Date: 05.05.2023
SM
