Grandhi Murali Krishna vs. The State Of Andhra Pradesh
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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
Original Order Copy
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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:
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- Grandhi Murali Krishna, S/o Suryanarayana, aged about 44 years, Occ.Business. $R/o$ H.No.7-69. Ponnada Veedhi. Narsipatnam. Visakhapatnam District.
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- 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
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- The State of Andhra Pradesh, represented by Principal Secretary, Municipal Administration and Urban Development Department, Secretariat of A.P., Velagapudi, Guntur District.
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- The Narsipatnam Municipality, Represented bv its Commissioner. Narsipatnam Town, Viskhapatnam District.
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- The District Collector, Visakhapatnam District, At Visakhapatnam.
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- The Tahasildar, Narsipatnam Mandal, Visakhapatnam District.
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- 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.
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- One CC to Smt.T.V.SRI DEVI Advocate [OPUC]
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- Two CCs to GP for Municipal Administration and Urban Development, High Court Of Andhra Pradesh. [OUT]
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- Two CCs to GP for the Revenue, High Court Of Andhra Pradesh. [OUT]
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- One CC to Sri.M.Manohar Reddy, Standing Counsel [OPUC]
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- 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