Cheruku Venkata Chandra Mouli, v. The State Of Andhra Pradesh,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN : PRESENT:
THE HON'BLE SRI JUSTICE P NAVEEN RAO WP .NO:25794 of 2015 Between:
1. Cheruku Venkata Chandra Mouli, S/o. Perumallu
2. Gudlavalleti Srinivasa Rao, S/o. Gangachalam,
3. Nerella Venkata Subramanyam, S/o. Venkata Narayana,
4. Bhojanapu Anitha Kumari, W/o. Venkatachalam,
5. Guthikonda Purnachandra Prabhakar Rao, S/o. Raghavaiah
6. Gudlavalleti Venkata Ratnam, S/o. Venkateswara Rao ..... Petitioners AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat & Rural Development Department Secretariat Bldgs, Saifabad, Hyderabad .
2. The District Collector, Panchayat Wing, Krishna Dist. Machilipatnam.
3. The Gudlavalleru Gram Panchayat, Gudlavalleru Village and Mandal, Krishna Dist. Rep by its Secretary .....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 - declaring the action of the respondent No.3 in issuing memo vide ROC No. 65/2015 Dt. 1.8.2015 and in proposing to remove the baddies (small shops) situated to the northern side of the Penjandra Road (Engineering College Road) in Ward No. 7 of Gudlavalleru Village, Krishna District without considering the explanation / representation Dt. 4.8.2015 and without there being any proceedings taken either in the Department or in the panchayat as contemplated under law and without providing alternative accommodation as illegal, arbitrary, capricious and nothing but violation of principles of natural justice and consequently set aside the same.
WPMP. No. 33482 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 stay of all further proceedings in pursuance of Memo in ROC 65/2015 Dt. 1.8.2015 against the petitioners by stopping the removal of petitioners buddies situated to the northern side of the Penjandra Road (Engineering College Road) in Ward No. 7 of Gudlavalleru Village, Krishna District, pending WP No. 25794 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 order of the High Court dated 14-08-2015, 20-08-2015 & 23.09.2015 made herein and upon hearing the arguments of Sri Yallabandi Ramatirtha Advocate for the Petitioners and GP for Panchayat Raj (A.P) for the respondent No. 1 & 2 and of Sri Ravi Cheemalpati, Advocate for the Respondent No. 3, the Court made the following.
ORDER:
Counter filed.
At request of the learned counsel for the petitioners post on 03.11.2015 in the Motion List.
The interim order granted earlier stands extended till 30.11.2015. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To
1. Two CC to GP for Panchayat Raj (A.P) High Court, Hyderabad(OUT)
2. One CC to Sri Y. Ramatirtha, Advocate (OPUC)
3. One spare copy Avs HIGH COURT PNRJ DATE: 28-10-2015 NOTE: post on 30.11.2015
ORDER
WP. NO. 25794 OF 2015 STATUS QUO EXTENDED HIGH COURT Avs Date of drafting 29-10-2015 PNRJ DATE: 28-10-2015 NOTE: post on 03-11-2015
ORDER
WP. NO. 25794 OF 2015 STATUS QUO EXTENDED