Disposed

Sangeetham Venkatarao v. The State of Andhra Pradesh

Andhra Pradesh HC24 Aug 2020WP(PIL)/207/2020

Case brief

AI extract

What is this about?

This PIL sought to restrain the State from constructing buildings on land in Komaragiripatnam unless objections from affected business owners were considered. The Court directed the competent authority to examine the representation and objections and decided not to use the land for construction until a final decision is taken.

What did the court decide?

Directed the competent authority to consider the representation and objections from affected parties before taking a final decision on land usage; restrained land use pending final decision.

Sangeetham Venkatarao Vs The State of… — Municipal and Town Planning | Andhra Pradesh HC (2020)

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HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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CHIEF JUSTICE J.K. MAHESHWARI AND JUSTICE LALITHA KANNEGANTI

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WRIT PETITION (PIL) No.207 of 2020

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(taken up through video conferencing)

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Between:

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Sangeetham Venkatarao, S/o Veeraswami, Hindu, Aged 56 years, Occ:Farmer, D.No.10-216, Sangeethamvari Street, Chinna School Vadda, Komaragiripatnam Village, Allavaram Mandal, East Godavari District of Andhra Pradesh.

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..Petitioner

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And

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The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh and others.

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..Respondents

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Counsel for the petitioner : Sri Karukola Simhachalam

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Counsel for respondent Nos.1 to 7: Government Pleader for Panchayat Raj and Rural Development

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Counsel for respondent No.8: Sri I.Koti Reddy, standing counsel for Gram Panchayats

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ORAL ORDER

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24.08.2020

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Per J.K. Maheshwari, CJ

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This writ petition, in the nature of public interest litigation, under Article 226 of the constitution of India, has been filed by the petitioner seeking the following relief.

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“…..to issue a writ, order or direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents, illegally trying to construct the Grama Sachivalayam Building, Space for Health Staff (YSR Clinic) and Agriculture Staff, of the Work I.D.047045517013090082, in Sy.No.550/1, Ac.20

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HCJ & LKJ W.P.(PIL)No.207 of 2020

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cents, Sy.No.550/2, Ac.78 cents and Sy.No.447, Ac.30 cents, situated at Komaragiripatnam Village of Allavaram Mandal, East Godavari District of Andhra Pradesh and its consist with Weekly market place (Sani Varapu Santha), adjoining with Village Concert hall and Sri Kanaka Mahalakshmi Ammavari Jatara Mahosthsavam is celebrating in that area every year for 4 days in the month of July (Ashada masam) in that temple area, is illegal, unjust, arbitrary and consequently, seeking direction from this Hon’ble Court for not interfering their peaceful possession who are running business as sale of Vegetables/Chicken/Mutton/fish & Prawns/Kirana shops, since last 100 years at near Mahalakshmi temple, Kommagiripatnam Village, Allavaram Mandal, East Godavari District of Andhra Pradesh and suspending the Work I.D.No.047045517013090082 on that temple area land and pass such other or orders….”

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After hearing the learned counsel on either side and perusing the material available on record, it is seen that the representation, dated 04.08.2020, signed and submitted by various persons, including the petitioner, is pending with the competent authority – respondent No.5. In view of the same, let the competent authority shall consider the aforesaid representation and take a final decision thereon, after taking into consideration the objections, if any, raised by the affected parties, including the Gram Panchayat, in accordance with law. In case, it is found that the grievance of the petitioner is as per law, the subject land shall not be used by the respondents for the purpose of construction of Gram Sachivalayam and other buildings. Otherwise, assigning reasons, appropriate orders may be passed by the competent, after affording an opportunity to all the affected parties. It is made clear here that till such a final decision is taken by the competent authority, the subject land shall not be used for the aforesaid purpose.

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HCJ & LKJ W.P.(PIL)No.207 of 2020

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Subject to the aforesaid directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.

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J.K. MAHESHWARI, CJ LALITHA KANNEGANTI, J

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GHN

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HCJ & LKJ W.P.(PIL)No.207 of 2020

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159

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CHIEF JUSTICE J.K. MAHESHWARI AND JUSTICE LALITHA KANNEGANTI

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WRIT PETITION (PIL) No.207 of 2020 (taken up through video conferencing) (Per J.K. Maheshwari, CJ)

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24.08.2020

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GHN

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HCJ & LKJ W.P.(PIL)No.207 of 2020

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Sangeetham Venkatarao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sangeetham Venkatarao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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