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High Court for State of TelanganaWP/7185/2015closed no costs

Chitikila Satyanarayana, v. State Of Andhra Pradesh

2015-04-06A.Rajasheker Reddy3 pages

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WP. NO:7185 of 2015 Between:

Chitikila Satyanarayana, S/o. Somaraju, ..... Petitioner 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 Palakollu Municipality, Rep. by its Commissioner, Palakollu, 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 declaring the action of 3rd respondent in threatening to demolish the shop room No.

92 situated at Saladivaridhi Thota, Palakollu, West Godavari District, without issuing any prior notice, without following due process of law what so ever under the guise of road widening is illegal, irregular, highhanded, violative of principles of natural justice, provisions of Andhra Pradesh Municipalities Act and Rules framed there under and also offends Articles 14, 21 and 300-A of the Constitution of India and Consequently direct the respondents 2 and 3 not to demolish any portion of the shop room without following due process of Law. 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 and of the GP for Municipality, (AP), for the Respondent Nko.1, and of GP for Revenue, (AP), for the Respondent No.

2, and of Sri Nimmagadda Satyanarayana, SC for the Respondent No.3, the Court made the following.

"Sri Nimmagadda Satyanarayana, learned Standing Counsel appearing for the respondent-Corporation, takes notice and seeks time to get instructions.

Post after two weeks.

Till then, status quo obtaining as on today to 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 Commissioner, Palakollu Municipality, Palakollu, West Godavari District. (Addressees 1 to 3 BY RPAD)

4. Two CCs to GP for Municipalities, (AP), High Court Buildings, Hyderabad (OUT)

5. Two CCs to GP for Revenue, (AP), High Court Buildings, Hyderabad (OUT)

6. One CC to Sri Mangena Sree Rama Rao, Advocate (OPUC)

7. One Spare Copy HIGH COURT AB DRAFTED ON 19-3-2015 ARRJ DATE: 19-3-2015

ORDER

WP. NO. 7185 OF 2015

STATUS QUO