Kappala Srikanth, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 4123 AP

      HIGH COURT OF ANDHRA PRADESH

         MAIN CASE No:W.P.No.23552 OF 2023

                     PROCEEDING SHEET

SL.     DATE                               ORDER                             OFFICE
NO.                                                                           NOTE
                   RNT,J
1.    08.09.2023
                        Heard Sri K. Jyothi Prasad, learned
                   counsel for the petitioner, learned Government
                   Pleader   for    Municipal    Administration       for
                   respondent Nos.1 & 2 and Sri G. Naresh

Kumar, learned Standing Counsel for respondent Nos.3 & 4.

2. Learned counsel for the petitioner submits that the petitioner's father filed O.S.No.570 of 2005 against the defendants including respondent No.5 herein with respect to the same property, which was decreed on 27.11.2007 by the I Additional Senior Civil Judge, Guntur. The defendants filed another suit which was also dismissed. Challenging the decrees in two suits, Appeals were filed by respondent No.5 vide A.S.No.342 of 2007 and A.S.No.4 of 2008. Both the appeals were dismissed. Challenging the judgments in both the appeals, respondent No.5 filed two S.A.s vide S.A.No.855 of 2010 and S.A.No.1032 of 2010 which are pending before this Court. He further submits that the petitioner's father applied for execution and during the pendency SL. DATE ORDER OFFICE NO. NOTE of the execution petition, he died. The petitioner along with others were substituted. In those execution petition, the order was passed directing the Court Amin to break open the locks of EP schedule property, if necessary, at the time of execution of delivery warrant. He submits that to defeat the fruits of the decree in the assessment records in respect to the suit property, the name of present respondent Nos.6 to 9 were got entered by respondent No.5, and they started raising unauthorised construction without obtaining permission from the concerned Municipal Corporation.

3. On the complaint of the petitioner, the proceedings were initiated by passing the provisional order/show cause notice dated 24.08.2021 but inspite there of and even after expiry of more than two years, no final orders have been passed by the Municipal Corporation.

4. Sri G.Naresh Kumar, learned Standing Counsel prays for time to obtain instructions with respect to the further proceedings pursuant to the provisional order/show cause notice.

5. List on 15.09.2023.

________ RNT,J AG