Tetali Sarada vs. The State Of Andhra Pradesh

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO :PRESENT:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

IA No. 1 OF 2022 IN WP NO: 19659 OF 2022

Between:

Tetali Sarada, W/o.Kaniki Reddy, Age 64 years, Occ. Housewife, R/o.D.No.3-130, Canal Road, Marteru, West Godavari District, A.P.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Panchayatraj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi.
• 2. The District Collector, West Godavari District at Eluru
• 3. The District Panchayat Officer, West Godavari District, Eluru
• 4. The Panchayat Secretary, Marteru, Penumantra Mandal, West Godavari District.
• 5. Desimeti Srinu, S/o.Rajayya, Aged about 45 years, Occ.Business R/o.D.No. 3-129, Marteru Village, Penumantra Mandal, West Godavari District

$...$ Respondent(s)

Counsel for the Petitioner : Sri MEDAPATI SANTOSH REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.3 & 4: SRI I.KOTI REDDY, SC

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 respondent no.4 to take appropriate action on the legal notice dt.19.05.2022 within time frame preferably within a week Pending disposal of WP No. 19659 of 2022, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case). The Court made the following ORDER:

"Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 and 2, learned Standing Counsel for Gram Panchayat appearing for respondent Nos.3 and 4.

The contention of the petitioner is that the $5^th$ respondent is making construction contrary to the plan sanctioned in his favour, without leaving setbacks. Further, she submitted that a legal notice was also issued to the respondent authorities on 19.05.2022. But, till date no action has been taken by the respondents. Consequently, the 5^th respondent proceeded with the construction contrary to the sanctioned plan.

Taking into consideration the facts and circumstances of the case and the reasons mentioned in the accompanying affidavit, the 4^th respondent is directed to consider the legal notice dated 19.05.2022 and take appropriate action on the same"

//TRUE COPY//

$\mathsf{F}$

Sd/- SK. MD. RAFI ASSISTANT REGISTRAR

SECTION OFFICER

1. The Principal Secretary, Panchayatraj and Rural Development Department, Secretariat Buildings, Velagapudi, State of Andhra Pradesh, Amaravathi.

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• 2. The District Collector, West Godavari District at Eluru
• 3. The District Panchayat Officer, West Godavari District, Eluru
• 4. The Panchayat Secretary, Marteru, Penumantra Mandal, West Godavari District.
• 5. Desimeti Srinu, S/o.Rajayya, Occ.Business R/o.D.No. 3-129, Marteru Village, Penumantra Mandal, West Godavari District(1 to 5 By RPAD)
• 6. One CC to SRI. I.KOTI REDDY, SCAdvocate [OPUC]
• 7. One CC to SRI. MEDAPATI SANTOSH REDDY Advocate [OPUC]

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• 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court Of Andhra Pradesh. [OUT]
• 9. One spare copy

PR

HIGH COURT

NVJ

DATED:08/07/2022

LIST THE MATTER ON 28.7.2022

ORDER

IA.NO.1 OF 2022 $IN$ WP.No.19659 of 2022

DIRECTION