IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

(Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JULY

TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14231 OF 2024

Between;

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M/s. $ai Baba High School, Rep by Its Chairman, M.V. Ramachandra Reddy S/o Chennareddy, Age-59 Yrs, ITI Circle, Kadapa, YSR District.

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep by Its Principal Secretary, Municipal Administration and Urban Development Dept, AP Secretariat, Guntur Dist.
• 2. The Kadapa Municipal Corporation, Kadapa, YSr District, Rep by its Commissioner.
• 3. The Commissioner, Kadapa Municipal Corporation, Kadapa,YSR District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ of mandamus or any appropriate writ order or direction declaring the action of Respondents more so the 3'''^ Respondent in proposing to demolish the structures of school Building M/s Sai Baba High School, ITI Circle, Kadapa without following the due process and threatening to demolish the existing structures by issuing the Notice No.T 3502/2024-G1 Dated 27.06.2024 as illegal arbitrary and unconstitutional may and also violative of principles of natural justice and consequently direct the 2 nd and respondent not to demolish the structure.

lA NO: ¹ OF ²⁰²⁴ I'

«- -•••.

Petition under Section ¹⁵¹ CPC praying that in the circumstances .5/ affidavit filed in support of the writ petition, the High Court pleased to suspend the operation of the Notice No.T 3502/2024- \ Dated 27.06.2024 pending disposal of the above writ petition.

Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI KALAVA SURESH KUMAR REDDY, SC FOR MUNICIPAL CORPORATION

The Court made the following: ORDER

4 APHC010285252024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3233]

MONDAY ,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 14231/2024

Between:

...PETITIONER M/s Sai Baba High School

AND

The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1.GUNDALA SIVA PRASADA REDDY

Counsel for the Respondent(S):

1.GPMUNC1PALADMN AND URBAN DEVAP

The Court made the following Order:

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 & 3.

This writ petition is filed questioning the notice issued by the 2"*^ respondent dated 27.06.2024 alleging that the petitioner raised unauthorized construction in the name of the school by illegally 2. occupying the drain.

3. The learned counsel for the petitioner submits that the petitioner school is there in existence for the last so many years and it was constructed as per the sanctioned plan and the petitioner is also paying the property tax. While so, the 2"^^ respondent issued the above said notice dated 27.06.2024 basing upon some wrong compliant said to have been given by some public representative i.e., MLC, Kadapa, as referred in the 1®* reference cited in the above said notice dated 27.06.2024. The respondent Nos.2 & 3 are trying to take action highhandedly, without giving due opportunity to the petitioner and without following the due procedure.

4. On the other hand, the learned Standing Counsel appearing for the respondent Nos.2 & 3 submits that pursuant to the above said notice dated 27.06.2024, the petitioner can submit its explanation and if so, the same will be considered by following the due procedure by the authorities concerned.

5. In view of the above said facts and circumstances, the petitioner is permitted to submit its explanation to the impugned notice of the 2'"'^ respondent dated 27.06.2024 by enclosing all the necessary documents in support of its claim within a period of two (02) weeks from the date of receipt of this order. On receipt of the same, the respondent Nos.2 & 3 are directed to proceed in accordance with law by followingjhe due procedure pursuant to the above said impugned notice dated 27.06.2024, by hearing all the parties concerned including

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f the petitioner herein and upon verification of the records and the subject building, appropriate decision shall be taken on its own merits as expeditiously as possible preferably within a period of six (06) wepks thereafter. Pending enquiry, there shall not be any coercive steps.

6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.

As'a sequel. Miscellaneous Petitions pending, if any, shall stand closed.

;? //TRUE COPY//

ASSISTANT REGISTRAR sectiotTofficer

SD/- K.SRINIVASA RAJU

To,

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f' i-

• 1. The Principal Secretary, Municipal Administration and Urban Development Dept, State of Andhra Pradesh, AP Secretariat, Guntur Dist.
• 2. The Commissioner, Kadapa Municipal Corporation, Kadapa, YSR District.
• 3. One CC to Sri Gundala Siva Prasada Reddy, Advocate [OPUC]
• 4. One CC to Sri Kalava Suresh Kumar Reddy, SC for Municipal Corporation[OPUC]
• 5. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
• 6. Three CD Copies.

ssb

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HIGH COURT

I

DATED:08/07/2024

ORDER

WP.No.14231 of 2024

DISPOSING OF THE W.P. WITHOUT COSTS