Konda Rajiv Gandhi, 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) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP .NO:12807 of 2015 Between:

Konda Rajiv Gandhi S/o. Bheemalingeswara Rao, R/o 26-5-36, Prasad Gardens, Old Bus Stand, Visakhapatnam.

..... Petitioner AND 1 State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, Secretariat, Secretariat, Building. Hyderabad.

2 Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Greater Visakhapatnam Municipal Corporation Building, Main Road, Visakhapatnam.

3 Makani.Shankar Rao, AM.OH, ZONE -111, Greater Visakhapatnam Municipal Corporation, Main Road, Visakhapatnam. .....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 a Writ of Mandamus, declaring the action of the Respondent corporation in interfering and seeking to dispossess the Petitioner from the open land, belongs to the petitioner admeasuring of 661 Sq.yards located at Market Ward, Bowdara Road, Poorna market Area, Visakhapatnam covered by the sale deed Doc.No.146/2002, Dt.19/01/2002 and Doc.No.31/2006, Dt.04/01/2006, by resorting to demolish the compound wall without notice as being arbitrary, illegal and unreasonable and without jurisdiction and also violative of principles of natural justice, and consequently, direct the Respondents not to interfere with the rights of the Petitioners over the said sites.

W.P.M.P.No.16850 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 Respondent Corporation not to distrub/interfere or dispossess the Petitioners from Sch mentioned property in any manner including creating hurdils by blocking the entry or demolishing their compound wall located at Market Ward, Bowdara Road, Poorna market Area Visakhapatnam covered by the sale deed Doc.No.146/2002, Dt 19/01/2002 and Doc.No.3112006, Dt 04/01/2006 admeasuring of 661 Sq.yards, pending disposal of Writ Petition No. 12807 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 M.RADHA KRISHNA Advocate for the Petitioner, learned Government Pleader for Municipal Administration & Urban Development (A.P.) for the Respondent No.1, and of Sri Lakshmi Narayana Reddy, learned Standing Counsel for Respondent Nos.2 & 3, and the Court made the following. ORDER:

S r i Lakshmi Narayana Reddy, learned Standing Counsel takes notice for the 2nd respondent Corporation and seeks time for getting instructions.

Heard the learned counsel for the petitioner. It is stated that the respondent authorities without following due process of law is trying to demolish the property of the petitioner Post on 29.04.2015 in the 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, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Secretariat, Building. Hyderabad. 2 The Commissioner, Greater Visakhapatnam Municipal Corporation, Greater Visakhapatnam Municipal Corporation Building, Main Road, Visakhapatnam.

3 Makani.Shankar Rao, AM.OH, ZONE -111, Greater Visakhapatnam Municipal Corporation, Main Road, Visakhapatnam. (1 to 3 by RPAD) 4 One CC to SRI M.RADHA KRISHNA, Advocate (OPUC) 5 Two CCs to the G.P. FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (A.P.), High Court, Hyderabad. (OUT) 6 One spare copy.

SRL

HIGH COURT ARRJ DATED: 27.04.2015 NOTE: POST ON 29.04.2015 IN THE MOTION LIST.

ORDER

W.P.NO. 12807 OF 2015 STATUS QUO

HIGH COURT Drafted by: SRL Date of Drafting : 28.04.2015 ARRJ DATED: 27.04.2015 NOTE: POST ON 29.04.2015 IN THE MOTION LIST.

ORDER

W.P.NO. 12807 OF 2015 STATUS QUO