Grandhi Murali Krishna vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Unknown Status
Order Date:26 Dec 2022
CNR:APHC010397312022

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Order Issued After Hearing

Purpose:

For Extension Of Interim Orders

Before:

Hon'ble Ravi Nath Tilhari

Listed On:

26 Dec 2022

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATION (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO: 24605 OF 2022

Between:

    1. Grandhi Murali Krishna, S/o Suryanarayana, aged about 44 years, Occ.Business. $R/o$ H.No.7-69. Ponnada Veedhi. Narsipatnam. Visakhapatnam District.
    1. Grandhi Rathna Deepika, W/o Grandhi Muralikrishna, Aged about 38 years, Occ.-Housewife. $R/o$ H.No.7-69. Ponnada Veedhi. Narsipatnam. Visakhapatnam District.

...Petitioners

$3299$

AND

    1. The State of Andhra Pradesh, represented by Principal Secretary, Municipal Administration and Urban Development Department, Secretariat of A.P., Velagapudi, Guntur District.
    1. The Narsipatnam Municipality, Represented bv its Commissioner. Narsipatnam Town, Viskhapatnam District.
    1. The District Collector, Visakhapatnam District, At Visakhapatnam.
    1. The Tahasildar, Narsipatnam Mandal, Visakhapatnam District.
    1. The Town Planning Officer, O/o Municipal Office, Narsipatnam Municipality, Visakhapatnam 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, order or direction more particularly one in the nature of Mandamus declaring the action of 2nd respondent in passing orders in Rc.No. 646 / 2020/G1, dt.28.07.2022 confirming the notice issued under section 217(3) and directing the petitioners to remove the petitioners' building by name Sangeetha Mobiles situated in Sy No. 129/2 of Narsipatnam Village, Narsipatnam Municipality, Visakhapatnam District with Door No.27-2(A), Ramaraopeta, Narsipatnam, Visakhapatnam District within seven days failing which to demolish the building without notice to petitioners under sections 340 and 340 (A) is exfacie without jurisdiction, without application of mind, illegal, arbitrary and violative of Articles 14, 21 and 300-A of constitution of India and consequently set aside the order passed by $2^{nd}$ respondent in Rc.No. 646 / 2020/G1, dt 28.07.2022.

IA NO: 1 OF 2022

Petition under Section 151 CPC is filed 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 stay of impugned order issued by the 2<sup>nd</sup> respondent in Rc.646 2020/G1, dt.28.07.2022 including demolition of petitioners' building by name "Sangeetha Mobiles" situated in Sy.No.129/2 of Narsipatnam Village, Narsipatnam Municipality, Visakhapatnam District with Door No.27-1(A). Ramaraopeta, Narsipatnam, Visakhapatnam District, pending the disposal of the Writ Petition No.24605 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the earlier orders of the High Court dated 05.08.2022, 02.09.2022, 17.10.2022, 14.11.2022 & 12.12.2022 made herein and upon hearing the arguments of Smt.T.V.Sri Devi Advocate for the Petitioners, learned GP for Municipal Administration and Urban Development for Respondent No.1, Sri G. Naresh Kumar, Advocate representing Sri.M.Manohar Reddy, learned Standing Counsel for Respondent Nos.2 & 5, learned Government Pleader for Revenue for Respondent Nos. 3 & 4, the Court made the following.

ORDER:

Learned counsel for the petitioners submits that the reply affidavit has been that the reply affidavit has been filed in the Registry today itself.

List on 04.01.2023.

Interim order granted earlier is extended till the next date of listing.

SD/- U SRI DEVI

//TRUE COPY//

For ASSISTANT REGISTRAR

ASSISTANT REGISTRAR

$CB$

To.

    1. One CC to Smt.T.V.SRI DEVI Advocate [OPUC]
    1. Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]
    1. Two CCs to GP for the Revenue, High Court Of Andhra Pradesh. [OUT]
    1. One CC to Sri.M.Manohar Reddy, Standing Counsel [OPUC]
    1. One spare copy

NBR

HIGH COURT

RNT, J

DATED: 26/12/2022

NOTE: LIST ON 04.01.2023

ORDER

WP.No.24605 of 2022

EXTENSION OF INTERIM ORDER

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