Remanded

Nelapudi Veeranna v. Korukonda Subba Rao

Andhra Pradesh HC5 Feb 2024WA/1303/2023

Case brief

AI extract

What is this about?

Writ appeal against an ex-parte single-judge order directing a Divisional Panchayat Officer to execute Gram Panchayat notices over alleged unauthorised construction. The appeal court set aside that order, remanded the writ petition for fresh consideration after hearing the appellant, and directed maintenance of status quo in the interim.

What did the court decide?

Impugned order set aside; matter remanded to single Judge for fresh consideration after hearing appellant; status quo maintained pending decision.

Nelapudi Veeranna Vs Korukonda Subba Rao — Municipal and Town Planning | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE

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HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL No.1303 of 2023

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Nelapudi Veeranna, S/o. Peda Venkanna, aged about 60 years, R/o. Pothavaram Village, P. Gannavaram Mandal, Dr. B. R. Ambedkar Konaseema District.

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... Appellant

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Versus

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Sri Korukonda Subba Rao, S/o. China Kondayya, aged about 55 years, R/o. D.No.3-181, Korukondavaripeta, Pothavaram Village, P. Gannavaram Mandal, East Godavari District, Presently in Dr. B. R. Ambedkar Konaseema District and four others.

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…Respondents

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Mr. J. Ugra Narasimha, Counsel for the appellant.

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Mr. K. K. Durga Prasad, Counsel for respondent No.1.

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Government Pleader for Panchayat Raj, Counsel for respondent Nos.2 and 3.

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Mr. N. Srihari, Standing Counsel for MPP and Gram Panchayat, Counsel for respondent Nos.4 and 5.

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DATE : 06.02.2024

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P.C:

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The present Letters Patent Appeal has been preferred against

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the judgment and order dated 07.12.2023 passed in W.P.No.39144

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HCJ & RRR, J 2 W.A.No.1303 of 2023

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of 2017. It appears from the record that Mr. Korukonda Subba Rao/respondent No.1 herein, preferred a writ petition bearing W.P.No.39144 of 2017, before the learned single Judge highlighting the inaction on the part of the Pothavaram, Gram Panchayat in not taking appropriate action in regard to the alleged illegal and unauthorised construction raised by the appellant/Mr. Nelapudi Veeranna, who is respondent No.5 in the writ petition.

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By virtue of the judgment and order impugned dated 07.12.2023, the learned single Judge noticed that the Pothavaram Gram Panchyat has issued notices time and again after conducting a detailed survey and demarcation of the land in question and therefore, the learned single Judge directed respondent No.3/Divisional Panchayat Officer to take the assistance of respondent No.4/Pothavaram Gram Panchayat for execution of the notices issued by the Gram Panchayat.

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Learned counsel for the appellant would submit that although a reply affidavit had already been filed on 05.12.2023 and ought to have been looked into by the learned single Judge, yet the ex-parte order came to be passed on 07.12.2023 without hearing the appellant herein. It was in those circumstances stated that, in case the appellant was evicted from the land in question, the issue before

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HCJ & RRR, J 3 W.A.No.1303 of 2023

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the learned single Judge would be rendered academic causing irreparable loss and prejudice to the appellant herein.

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Mr. K. K. Durga Prasad, learned counsel for the respondent No.1, after arguing for some time would submit that he has no objection if status quo is directed to be maintained till such time as the appellant is heard in the matter.

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We, accordingly, set aside the order impugned and remand the matter to the learned single Judge for consideration afresh, after considering the reply affidavit filed by the appellant and also after affording the appellant an opportunity of being heard. Status quo be maintained till the matter is considered.

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The writ appeal is, accordingly, allowed. No order as to costs.

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Registry is directed to list the W.P.No.39144 of 2017, before the learned single Judge within three weeks.

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Pending miscellaneous applications, if any, shall stand closed.

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DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J

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SSN

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HCJ & RRR, J 4 W.A.No.1303 of 2023

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167

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HON’BLE MR.JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE R. RAGHUNANDAN RAO

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WRIT APPEAL No.1303 of 2023

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DATE : 06.02.2024

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SSN

Nelapudi Veeranna v. Korukonda Subba Rao

Case brief

What is this about?

What did the court decide?

Nelapudi Veeranna v. Korukonda Subba Rao

Case brief

What is this about?

What did the court decide?

What the court decided

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