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

FRIDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND. TWENTY THREE

PRESENT

THE HONOURABLE DR JUSTICE K MANMADHA RAO

WRIT PETITION NO: 18175 OF 2023

Between:

Cultivation, R/o. D No4/319 , Bangla Street, Rajampet, Annamayya District. K. Ramanaiah, S/o Late. Venkata Subbaiah, Aged about 74 years Occ

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Municipal Administration Department Secretariat Buildings, Velagapudi, Arriaravathi, Represented by its Principal. Secretary,
• 2. The Rajampet Municipality, Rajampet, Annamayya District, Rep by its Commissioner, Rajampet
• Raghuram Goud, Aged about 48 Years, Housewife, R/o D No 4I32Q, Bangla Street. Rajampet, Annamaiah District

...RESPONDENTS

Petition under Article .226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, direction, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing the impugned Notice dated 17.07.2023 as illegally, arbitrary, without any authority of law. contrary to law. without any provision of law. violative of Art.14. 21 and 300-A of the Constitution of India, and violation of principles of natural justice and contrary to orders of the Hon'ble High Court passed in W.P.No.4595/2023 dated 24.02.2023 and consequently set aside the impugned Notice dated 17.07.2023 issued by the 2"" respondent.

lA NO: ¹ OF 2023

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be

pleased to grant interim suspension of the Notice dated 17.07.2023 issued by the 2"*^ respondent, pending disposal of the above Writ petition.

Counsel for the Petitioner: SRI. P SREE RAMULU NAIDU Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No. 2: SRI. N RANGA REDDY Counsel for the Respondent No. 3: APPEARED NONE The Court made the following: ORDER

THE HON'BLE DR.JUSTICE K. MANMADHA RAO

Writ Petition No.18175 of 2023

ORDER:-

This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

"....to issue a Writ, Direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing the impugned Notice dated 17.07.2023 as illegal, arbitrary, without any authority of law, contrary to law, without any provision of law, violative of Article 14, 21 and 300-A of the Constitution of India and violation of principles of natural justice and contrary orders of the Hon'ble High Court passed in to W.P.No.4595/2023, dated 24.02.2023 and consequently set aside the impugned Notice dated 17.07.2023 issued by the 2^nd respondent."

Heard Mr.P.Sree Ramulu Naidu, learned counsel for the $\mathbf{2}$ . petitioner, learned Government Pleader for MA & UD, appearing for the Respondent No.1 and Mr.N.Ranga Reddy, learned Standing Counsel, appearing for the Respondent No.2. Perused the material on record.

3. Learned counsel for the petitioner submits that, the petitioner is the owner of house bearing D.No.4/319, Bangla Street, Rajampet, Annamayya District. He had purchased the said property from one Late Jaya Rama Raju in the year 1990. Since then he has been residing in the said house. While so, the 3rd

$\frac{1}{\sigma} \left( \frac{1}{\sigma} \frac{1}{\sigma} \right)^{1/2}$

respondent herein filed W.P.No.4595 of 2023 seeking Writ of Mandamus declaring the inaction of' the Respondent No.2, pursuant to the representation dated 11.02.2023. The said writ respondent to consider the said representation and inquire into the matter after issuing notice to the respondent No.3 therein. who would be an affected party. Learned counsel for the petitioner further submits that, while the matter stood thus, the respondent, without following the directions issued by this Court in the above said Writ Petition and without Issuing any notice to the petitioner or enquire into the matter, straight away issued the impugned notice dated 17.07.2023 for demolition of the iron sheet structure. Aggrieved, the petitioner filed the present writ petition. 2nd petition was disposed of on 24.02.2023 directing the 2***

On the other hand, the learned Standing Counsel, appearing for the Respondent No.2, would submit that the respondent authorities would follow due process of law.

5. On hearing the submissions of both the learned Counsels and after perusing the material available on record, this Court is of the view that the 2*^ respondent-Municipality has not followed the principles of natural justice, therefore, on this ground alone,

2

a period of (06) six weeks from the date of receipt of the order. The respondent Nos.l and 2 are further directed to strictly implement the Order dated 24.02.2023 passed by this Court in W.P.No.4595 of 2023. directed to consider the. representation dated 14.07.2023 of the petitioner and pass reasoned order in accordance with law, within the impugned notice dated 17.07.2023 issued by the 2"^ respondent is set-aside<,Further, the Respondent Nos.l and 2 are

3

6. Accordingly, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any.

shall stand closed.

Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR

^I //TRUE COPY//

SECTION OFFICER

To,

i.

• 1. The Principal Secreta^, State of Andhra Pradesh, Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
• Rajampet 2. The Commissioner, Rajampet Municipality, Rajampet, Annamayya District,
• 3. B Nagarani, W/o Late Raghuram Goud, Aged about 48 Years. Housewife, R/o D No 4/320, Bangla Street, Rajampet, Annamaiah District
• 4. One CC to SRI. P SREE RAMULU NAIDU Advocate [OPUC]
• 5. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV. High Court Of Andhra Pradesh. [OUT]
• 6. One CC to SRI N RANGA REDDY, Advocate [OPUC]
• 7. Two CD Copies

csb

CC Today.

HIGH COURT

DATED:21/07/2023

ORDER

WP.No.18175 of 2023

9 copiu

DISPOSING THE WP AT ADMISSION STAGE WITHOUT COSTS