(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

:PRESENT:

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 16846 OF 2021

Between:

• P Satish Reddy, S/o. Appala Narayana Reddy, Aged about 49 years, Occ. Business, R/o. D.No.76-11-23/33, Poultry Farm Road, Bhavanipuram, Vijayawada-12, Krishna District.
• P.Gurunadh Gopi Reddy, S/o.P. Satish Reddy, Aged about 24 years, Occ. Civil Engineer, R/o. D.No.76-11-23/33, Poultry Farm Road, Bhavanipuram, Vijayawada-12, Krishna District.
• Smt. P.Sarojini, W/o.P.Satish Reddy, Aged about 46 years, Occ. Housewife, R/o. D.No.76-11-23/33, Poultry Farm Road, Bhavanipuram, Vijayawada-12, Krishna District.

Petitioners

3208

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, at Velagapudi, Amaravathi, Guntur District.
• 2. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh.
• 3. The City Planner, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• 4. The Assistant City Planner-I, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• K.S.N. Prasad, S/o.K.Srisailam, Aged about 72 years, Occ. Retd. Employee, R/o. H.No.14-186/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• Boddeboyina Mala Kondaiah, S/o.Ayyanna, Aged about 72 years, Occ. Retd. Employee, R/o. H.No.14-188/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• 7. Teegavarapu Venkata Sita Ramanjaneyulu, S/o. T.V. Jagannadham, aged about 67 years, R/o.D.No.76-14-41B, Near Noor Masjid, Bhavanipuram, Vijayawada, Krishna District.
• 8. Sanikommu Tirupati Reddy, S/o.Vengala Reddy, Aged about 62 years, Occ. Retd. Employee, R/o. D.No.76-14-95/2, Netaji School Road, Bhavanipuram, Vijayawada, Krishna District.

Respondents

WHEREAS the Petitioners above named through their Advocate SRI.V.VENUGOPALA RAO 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 declaring the action of respondents No.2 to 4 in interfering with construction work undertaken by the petitioners as per sanctioned plan vide Permit No.1073/0317/B/NMC/BHAJ2021, dated. 19.02.2021 and Permit No.1073/0319/B/VMC/BHA/2021, dated. 22.02.2021 of 2nd respondent respectively duly leaving 7.50 feet for future road extension, under the provisions of H.M.C. Act, 1955, A.P. Metropolitan Region and Urban Development Authorities Act, 2016 and A.P. Buildings Rules 2017 in the house plots admeasuring 153.25 square yards each situated in R.S.No.36/2, Bhavanipuram, Vijayawada, Krishna District at the instance of respondents No.5 to 8, being bad, illegal, arbitrary, contrary to the provisions of said Acts and offends Articles 14, 21 and 300-A of Constitution of India and consequentially direct the respondents No.2 to 4 not to interfere with the construction work under the said sanctioned plans;

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI.V.VENUGOPALA RAO Advocate for the Petitioners, GP for Municipal Administration and Urban Development, for Respondents No.1, and of SRI M.MANOHAR REDDY Standing Counsel for Respondent No.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 and Urban Development Department, State of Andhra Pradesh, Secretariat, at Velagapudi, Amaravathi, Guntur District.
• 2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District, Andhra Pradesh.
• 3. The City Planner, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• 4. The Assistant City Planner-I, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• 5. K.S.N. Prasad, S/o.K.Srisailam, R/o. H.No.14-186/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• Boddeboyina Mala Kondaiah, S/o.Ayyanna, R/o. H.No.14-188/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• Teegavarapu Venkata Sita Ramanjaneyulu, S/o. T.V. Jagannadham, R/o.D.No.76-14-41B, Near Noor Masjid, Bhavanipuram, Vijayawada, Krishna District.
• 8. Sanikommu Tirupati Reddy, S/o.Vengala Reddy, R/o. D.No.76-14-95/2, Netaji School Road, Bhavanipuram, Vijayawada, Krishna 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 the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted before 14.09.2021, 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 direct the respondents No.2 to 4 not to interfere with the construction work undertaken by the petitioners as per sanctioned plan vide Permit No.1073/0317/B/VMC/BHA/ 2021, dated. 19.02.2021 and Permit No.1073/0319/B/VMC/BHA/2021, dated. 22.02.2021 of 2nd respondent respectively duly leaving 7.50 feet for future road extension, in the house plots admeasuring 153.25 square yards each situated in R.S.No.36/2, Bhavanipuram, Vijayawada, Krishna District, pending disposal of the Writ Petition No. 16846 of 2021, on the file of the High Court.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.

The learned counsel for the petitioners submits that the petitioners have approached the 2nd respondent authorities for construction permission, separately for each plot. Accordingly, the 2nd respondent have granted construction permission to the petitioners vide proceedings dated 19.02.2021 and 22.02.2021 and the petitioners are proceeding with the construction as per the approved plan by leaving 7.50 feet width for future extension of road and without any deviation to the sanctioned plan. While so, the respondent authorities are interfering with the construction work and directing the petitioners to stop the construction work at the instance of the 3rd parties.

The learned Standing Counsel appearing on behalf of the respondents has submitted that so far they have not issued any notice to the petitioners with regard to the violation of the plan and also on instructions if anything found they will follow the procedure of law.

Considering the submissions, there shall be an interim direction to the respondents not to interfere with the construction work of the petitioners if they are constructing as per the approved plan. $\sim$

Post after four(4) weeks.

//TRUE COPY//

Sd/- M. SRINIVAS

SECTION OFFICER

ASSISATNT REGISTRAR

To,

• 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, at Velagapudi, Amaravathi, Guntur District.
• The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District, Andhra Pradesh.
• 3. The City Planner, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• 4. The Assistant City Planner-I, Town Planning Department, Vijayawada Municipal Corporation, Krishna District, Andhra Pradesh.
• 5. K.S.N. Prasad, S/o.K.Srisailam, R/o. H.No.14-186/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• Boddeboyina Mala Kondaiah, S/o.Ayyanna, R/o. H.No.14-188/11, 3rd Cross Road of Milk Colony, Near Noor Masjid Bhavanipuram, Vijayawada, Krishna District.
• Teegavarapu Venkata Sita Ramanjaneyulu, S/o. T.V. Jagannadham, R/o.D.No.76-14-41B, Near Noor Masjid, Bhavanipuram, Vijayawada, Krishna District.
• Sanikommu Tirupati Reddy, S/o.Vengala Reddy, Ri/o. D.No.76-14-95/2, Netaji School Road, Bhavanipuram, Vijayawada, Krishna District. (1 to 8 by RPAD)
• 9. One CC to SRI.V.VENUGOPALA RAO Advocate [OPUC]
• 10. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT]
• 11. One CC to SRI M.MANOHAR REDDY, Standing Counsel [OPUC]
• **12.**One spare copy

SRL

HIGH COURT

DRJ

DATED:16/08/2021

NOTE: POST AFTER FOUR (4) WEEKS

ORDER

WP.No.16846 of 2021

INTERIM DIRECTION