C Nanda Kumar vs. The Renigunta Gram Panchayat

Court:High Court of Andhra Pradesh
Judge:Hon'ble Tarlada Rajasekhar Rao
Case Status:Unknown Status
Order Date:29 Jul 2021
CNR:APHC010255522021

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Order Issued After Hearing

Purpose:

Admission (Panchayat Raj)

Before:

Hon'ble Battu Devanand

Listed On:

29 Jul 2021

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Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) THURSDAY ,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND

Between:

C. Nanda Kumar, S/o. Ranga Chary, aged about 40 years, R/o. 5-338, Bachanagudi Street, Renigunta, Chittoor District.

AND

    1. The Renigunta Gram Panchayat, Renigunta Village and Mandal,
  • The District. Rep. by its Panchayat Secretary The District Panchayat Officer, Chittoor, Chittoor District. Thirupathi Urban Development Authority, Thirupathi, Chittoor District < Rep. by its Vice Chairman
    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
    1. A. Sumathi, W/o. Ambikapati, aged 43 years, R/o. 3/146, Bazar Street, Renigunta, Chittoor District.

Respondents

म्यावेव

Petitioner

WHEREAS the Petitioner above named through his Advocate Sri P Nagendra Reddy 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, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the respondents 1 & 2 in revoking the building permission in B.A.No.31/20-21 dated 18.7.2020 issued in favour of the respondent No.5 as arbitrary, illegal and contrary to rule 28 of the A.P.Gram Panchayat Land Development (Lay Out and Building) Rules, 2002 and consequently direct the respondents 1 & 2 to revoke the building permission dated 18.7.2020 granted in favour of the respondent No.5 and demolish the structures made by the respondent No.5 by declaring the same as illegal structures in the interest of justice.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P Nagendra Reddy Advocate for the Petitioner, Sri V. Vinod K. Reddy, Standing Counsel who takes notice for on behalf of Respondent No.1, GP for Panchayat Raj and Rural Development who takes notice for on behalf of Respondsent Nos.2 & 4 and of Sri P. Muni Reddy, Standing Counsel No,3, directed issue of notice to the Respondent No.5, herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

A. Sumathi, W/o. Ambikapati, R/o. 3/146, Bazar Street, Renigunta, Chittoor District.

are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 12.08.2021 on which date the case stands posted for hearing

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the building permission in B.A.No.31/20-21 dated 18.7.2020 by directing the respondents No.1 and 2 to stop the construction of the building by the respondent No.5 in Sy.No.796/2A, Ward No.3, Bazar Street. Renigunta Village, Chittoor District pending disposal of WP 14824 of 2021, on the file of the High Court.

The Court made the following: ORDER

Notice before admission.

Sri V. Vinod K. Reddy, learned Standing Counsel takes notice for Respondent No.1.

Learned Government Pleader for Panchayat Raj and Rural Development takes notice for Respondent Nos.2 and 4.

Sri P. Muni Reddy, learned Standing Counsel takes notice for Respondent No.3.

Issue notice to Respondent No.5.

The learned counsel for the petitioner is permitted to take out personal notice to Respondent No.5 and file proof of service into the registry within the period of two (2) weeks.

Post on 12.08.2021 to enable the respondents to file their counter affidavits.

Till then, the respondents are directed to maintain status quo in all respects.

//TRUE COPY//

Sd/- SK.MD. RAFI ASSISTANT REGISTRAR For ASSISTANT REGISTRAR

To

    1. The Panchayat Secretary, Renigunta Gram Panchayat, Renigunta Village and Mandal, Chittoor District.
    1. The District Panchayat Officer, Chittoor, Chittoor District.
    1. The Vice Chairman Thirupathi Urban Development Authority, Thirupathi, Chittoor District
  • The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh<br>Secretariat, Velagapudi, Amaravathi, Guntur District. A. Sumathi, W/o. Ambikapati, R/o. 3/146, Bazar Street, Renigunta, C

  • District. (R-5 by RPAD- along with a copy of petition and Affidavit) One CC to SRI P Nagendra Reddy, Advocate [OPUC]

  • One CC to Sri F Hagendra Ready, Advocate [OF SS] One CC to Sri V. Vinod K. Reddy, Standing Counsel [OPUC] Two CC to GP for Panchayat Raj & Rural Development, High Court of A.P at Amaravati (OUT)

    1. One CC to Sri P. Muni Reddy, Standing Counsel (OPUC)
    1. One spare copy

TVR

HIGH COURT

DEVJ

DATED:29/07/2021

NOTICE BEFORE ADMISSION

WP.No.14824 of 2021

STATUS QUO

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Case History of Orders

Order(3) - 12 Aug 2021

Interim Order

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Order(4) - 12 Aug 2021

Interim Order

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Order(1) - 29 Jul 2021

Interim Order

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Order(2) - 29 Jul 2021

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