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(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE TWENTY THIRD DAY OF JANUARY

TWO THOUSAND AND TWENTY THREE

:PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO

WRIT PETITION NO: 1469 OF 2023

Between:

• 1. Shaik Abdul Nabi @ Khaja Peer, S/o. Shaik Abdul Sattar, Aged about 71 years, R/o. D.No.20-8-57, Meclence Road, Kota Mitta, Nellore City, SPSR Nellore District.
• 2. Shaik Fayaz Ahmed, S/o. Shaik Abdul Nabi @ Khaja Peer, Aged about 43 years, R/o. D.No.20-8-57, Meclence Road, Kota Mitta, Nellore City, SPSR Nellore District.
• 3. Shaik Rizwana, W/o. Shaik Mohammad Saleem, Aged about 45 years, R/o. D.No.20-8-57, Meclence Road, Kota Mitta, Nellore City, SPSR Nellore District.

Petitioner

AND

• 1. State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary.
• 2. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District.
• 3. The City Planner (Town Planning Officer), Nellore Municipal Corporation, Nellore, SPSR Nellore District.
• 4. The Deputy City Planner, Nellore Municipal Corporation, Nellore, SPSR Nellore District.

Respondent

WHEREAS the Petitioners above named through their Advocate Sri C SUBODH presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in passing orders Roc.No.544/2022/G2, dt.17.01.2023 and trying to demolish the petitioners houses bearing Door Nos. 20-8-57, 20-8-57 and 20-8-57/1 as illegal, arbitrary, violation of Article 14 and 300-A of Constitution of India, against the principles of Natural Justice and also in contravention of provisions of GHMC Act, 1955 and consequently direct the respondents not to demolish the petitioners houses bearing Door No.20-8-57.

20-8-57 and 20-8-57/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City, SPSR Nellore District by setting aside the orders of the 4th respondent Roc.No.544/2022/G2, dt.17.01.2023.

upon perusing the petition and High Court WHEREAS the AND affidavit filed herein and upon hearing the arguments of Sri C SUBODH Advocate for the Petitioner and of GP FOR MUNICIPAL ADMINISTRATION AND RURAL DEV for Respondent No.1, Sri KALVA SURESH REDDY, Advocate for Respondent Nos. 2 to 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh.
• 2. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District.
• 3. The City Planner (Town Planning Officer), Nellore Municipal Corporation, Nellore, SPSR Nellore District.
• 4. The Deputy City Planner, Nellore Municipal Corporation, Nellore, SPSR Nellore District.

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith(copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish the petitioners houses bearing Door No.20-8-57, 20-8-57 and 20-8-57/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City by suspending the orders of the 4th respondent Roc.No.544/2022/G2, dt.17.01.2023, pending disposal of WP No. 1469 of 2023, on the file of the High Court.

The Court made the following: ORDER

"Notice before admission.

In view of the orders of this Court dated 04.01.2023 in W.P.No.293 of 2023, it would be appropriate that this writ petition is also heard along with W.P.No.293 of 2023.

Registry is directed to post this matter along with W.P.No.293 of 2023.

In the meanwhile, a notice dated 17.01.2023, issued by the Deputy City

Planner, Nellore Corporation is suspended."

Sd/- T. MADHAVI ASSISTANT REGISTRAR

IITRUE COPYII

SECTION OFFICER

To,

, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District, State of Andhra 1. The Principal Secretary Pradesh.

For

• 2. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore
• 3. The City Planner (Town Planning Officer), Nellore Municipal Corporation, Nellore, SPSR Nellore District.
• 4. The Deputy City Planner, Nellore Municipal Corporation, Nellore, SPSR Nellore District. (Addressess 1 to 4 by RPAD- along with a copy of petition and affidavit)
• 5. One CC to SRI. C SUBODH Advocate [OPUC]
• 6. One CC to SRI. KALAVA SURESH REDDYAdvocate [OPUC]
• 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT]
• 8. One spare copy.

psk

HIGH COURT

RRRJ

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DATED:23/01/2023

POST ALONG WITH WP 293 OF 2023

NOTICE BEFORE ADMISSION

WP.No.1469 of 2023

DIRECTION

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