Pothula Syamasundaram, v. State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.No:6491 of 2015 Between:
1 Pothula Syamasundaram S/o. Pedda Gangaraju, R/o. Dr.No. 3-11-14/9, Anagapal street, Near Holley Angels School, Kovvur Town, West Godavari District.
2 Annamreddi Divya W/o. Subhakar, R/o. Dr.No. 3-11-14/9, Anagapal street, Near Holley Angels School, Kovvur Town, West Godavari District. 3 Pothula Anil S/o. Pothula Syamasundaram, R/o. Dr.No. 3-11-14/9, Anagapal street, Near Holley Angels School, Kovvur Town, West Godavari District ... Petitioners AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to Municipal Administration & Urban Development Department, Andhra Pradesh Secretariat, Hyderabad.
2 The District Collector, West Godavari District, Eluru. 3 The Revenue Divisional Officer, Kovvur Revenue Division, Kovvur, West Godavari District.
4 The Commissioner, Kovvur Municipality, Kovvur, West Godavari District. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of MANDAMUS, or any other appropriate Writ or Writs, declaring the action of the Respondents No.1 & 2 in not taking the action upon the Representation, dated.1302-2015, submitted by the Petitoner to stop and remove the unauthorized/illegal construction being made by the Respondent No.3 over the house bearing No. 9/190, Subash Road, Near Tower Clock, Anantapur as arbitrary, illegal and contrary to law and consequently direct the Respondents No.
1 & 2 to consider the representation of the petitioner and remove unauthorized/illegal construction being made by the Respondent No.3 in accordance with law forthwith; W.P.M.P.No.8627 OF 2015 Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the respondents not to demolish any portion of the shop rooms of petitioner's bearing Assessment No 1076000595 and Door No. 6-417, Meraka Street (AKP Road), Kovvur Municipality, West Godavari District, pending disposal of Writ Petition No. 6491 of 2015 on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI MANGENA SREE RAMA RAO Advocate for the Petitioner, learned Government Pleader for Municipal Administration & Urban Development (A.P.), for Respondent No.1, learned Government Pleader for Revenue (A.P.), for Respondent Nos. 2 & 3, and of Sri N.Venkateswarlu, learned Standing Counsel for K.M.C., Respondent No.4, and the Court made the following:
ORDER:
The case of the petitioners is that the respondents are trying to demolish their property for the purpose of road widening without following due process of law. Learned Standing Counsel for the 4th respondent submits that a Committee was constituted for persuading with the petitioners to give their consent for the purpose of road widening.
In view of the above, post after one week in motion list. Till then, status-quo obtaining as on today shall be maintained. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary to Municipal Administration & Urban Development Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Hyderabad.
2 The District Collector, West Godavari District, Eluru. 3 The Revenue Divisional Officer, Kovvur Revenue Division, Kovvur, West Godavari District.
4 The Commissioner, Kovvur Municipality, Kovvur, West Godavari District. (1 to 4 BY RPAD) 5 One CC to SRI MANGENA SREE RAMA RAO, Advocate (OPUC). 6 Two CCs to GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (A.P.), HIGH COURT, HIGH COURT BUILDINGS, HYD. (OUT).
7 Two CCs to GP FOR REVENUE (A.P.), HIGH COURT, HIGH COURT BUILDINGS, HYD. (OUT).
8 One Spare Copy.
SRL HIGH COURT ARRJ DATED: 12.03.2015 NOTE: POST AFTER ONE WEEK IN MOTION LIST
ORDER
W.P.NO. 6491 OF 2015
STATUS QUO HIGH COURT Drafted by: SRL Date of Drafting : 13.03.2015 ARRJ DATED: 12.03.2015 NOTE: POST AFTER ONE WEEK IN MOTION LIST.
ORDER
W.P.NO. 6491 OF 2015 STATUS QUO