Katreddy Surendra Kumar v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13544 of 2016 ORDER:

Heard Sri B. Chandrasekhar, learned counsel for the petitioner; learned Assistant Government Pleader for Municipal Administration for respondent Nos.1 and 2 and Sri Nimmagadda Venkateswarlu, learned Standing Counsel for the third respondent Municipality. The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 2nd respondent herein in not passing orders on the stay petition filed along with the appeal dated 26.03.2016 as illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent herein not to take any coercive steps including demolition of the petitioner's residential house bearing Door No.

25-9-245, Plot No.9, Ward No.29, Bhimavaram, West Godavari District pending consideration of the appeal by the 2nd respondent and pass such other order or orders as are deem fit and proper in the circumstances of the case." As it is stated that the petitioner has preferred an appeal under the provisions of G.O.Ms.No.128, Municipal Administration and Urban Development (M.I) Department, dated 22.05.2015 and the same is pending consideration before the Appellate Committee, giving effect to the proceedings dated 27.02.2016 of the Bhimavaram Municipality rejecting the application of the petitioner for regularizing his construction during its pendency would render the appeal itself infructuous. The Writ Petition is accordingly disposed of directing the Bhimavaram Municipality not to give effect to the said proceedings dated 27.02.

2016 until disposal of the stay application filed by the petitioner before the Appellate Committee or the appeal itself, as the case may be. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR Date: 21.04.2016

Note:- Issue CC by tomorrow B/o va