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(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 23075 OF 2023

Between:

M Babu, S/o. Late M.Pedda Munaswamy Reddy, Age. 57 years, R/o. Chenneri Village, Dasukuppam Gram Panchayat, Satyavedu Mandal, Tirupati District.

Petitioner

AND

• 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
• 2. The Dasukuppam Gram Panchayat, Rep, by its Panchayat Secretary, Dasukuppam Village, Satyavedu Mandal, Tirupati District.
• 3. A. Ravi Reddy, S/o. A.Rama Krishna, Age. 45 years, Sarpanch, Dasukupparn Gram Panchayat and Village, Satyavedu Mandal, Tirupati District.

Respondents

WHEREAS the Petitioner above named through his Advocate Sri P GANGA RAMI REDDY 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 an order, direction or writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 and 3 in seeking to demolish the compound wall and form the road in the house plot of the petitioner in S.No.154/1 of Chenneri Village, Dasukuppam Gram Panchayat as illegal, arbitrary and in violation of Principles of nature of justice and consequently direct the respondents 2 and 3 not to interfere with the possession and enjoyment of the petitioner in respect of house plot in S.No.154/1 of Chenneri Village, Dasukuppam Gram Panchavat:

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P GANGA RAMI REDDY Advocate for the Petitioner and of GP FOR PANCHAYAT RAJ for the Respondent No.1 and of SRI G.VENKATA REDDY, Standing Counsel for the Respondent No.2, 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, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
• 2. The Panchayat Secretary, Dasukuppam Gram Panchayat, Dasukuppam Village, Satyavedu Mandal, Tirupati District.
• 3. A. Ravi Reddy, S/o. A.Rama Krishna, Age. 45 years, Sarpanch, Dasukupparn Gram Panchayat and Village, Satyavedu Mandal, Tirupati District.

are be and hereby directed to show cause either appearing in person or through an Advocate on or before 11.09.2023 to which date the case stands posted 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.

IA NO: 1 OF 2023:

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 not to demolish the compound wall and form the road in the house plot of the petitioner in S.No.154/1 situated at Chenneri Village. Dasukuppam Gram Panchayat, pending disposal of WP No. 23075 of 2023, on the file of the High Court.

The Court made the following Order:

"Notice before admission.

Learned Government Pleader for Panchayat Raj takes notice for R1.

Sri G. Venkata Reddy, learned Standing Counsel for Grama Panchayats takes notice to R2.

Learned counsel for the petitioner is permitted to take out personal notice on R3 through Registered Post with Acknowledgement Due and file proof of service in the Registry.

Learned counsel for the petitioner in elaboration contended that, the authorities are contemplating to demolish the petitioners compound wall, high handedly, without issuing any prior show cause notice and inviting any explanation. If the said high handed action is allowed to continued, the petitioner's rights will be affected, as such, prayed to protect the interest of the petitioner, pending writ petition.

On the other hand, Sri G. Venkata Reddy, learned Standing Counsel, requested one (01) week time to get instructions.

In the mean while, the respondent authorities are directed not to take any coercive steps against the petitioner's property.

For getting instructions, post on 11.09.2023 in the 'motion list'."

IITRUE COPYII

Sdl-S. SRINIVASA PRASAD ASSISTANT REGISTRAR

SECTION OFFICER

To,

• 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District, Andhra Pradesh.
• 2. The Panchayat Secretary, Dasukuppam Gram Panchayat, Dasukuppam Village, Satyavedu Mandal, Tirupati District.
• 3. A. Ravi Reddy, S/o. A.Rama Krishna, Age. 45 years, Sarpanch, Dasukupparn Gram Panchayat and Village, Satyavedu Mandal, Tirupati District. (Addresses 1 to 3 by RPAD- along with a copy of petition and affidavit)
• 4. One CC to SRI. P GANGA RAMI REDDY Advocate [OPUC]
• 5. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV, High Court Of Andhra Pradesh. [OUT]
• 6. One CC to SRI G.VENKATA REDDY, Standing Counsel. [OPUC]
• 7. One spare copy

ER

HIGH COURT

RCJ

DATED:04/09/2023

POST ON 11.09.2023 IN THE 'MOTION LIST'

NOTICE BEFORE ADMISSION

WP.No.23075 of 2023

DIRECTION