Dismissed

Mudumuri Venkata Bhaskar Raju v. The State of Andhra Pradesh

Andhra Pradesh HC1 Apr 2024WP/2339/2024

Case brief

AI extract

What is this about?

High Court directed respondent Municipality to remove encroachments on public road and drains via proper legal procedure within three months, disposing petition at admission stage with parties' consent.

What did the court decide?

Direction to respondent Municipality to remove encroachments by issuing notices and passing a reasoned order within three months.

Mudumuri Venkata Bhaskar Raju Vs The… — Municipal and Town Planning | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE SECOND DAY OF APRIL

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.
f

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2339 OF 2024 .

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Between:

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Mudumuri Venkata Bhaskar Raju, Rep by its GPA holder^M.Venkata Rama Raju, S/o. Rayaparaju, aged about 68 years, R/o.D.No.^1-2-40, Flat No.304, Satya Residency, Vamsi Krishna nagar, Bhimavaram, West Godavari District.

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R.Sarala, W/o.Venkata NarasimhaRaju, Aged about 53 years, R/o.H.No.27-13-17, Ward No.34, near Sapota Lodge Street, Bhimavaram, West Godavari District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administraion and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi.

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The District Collector, Bhimavaram, West Godavari^District.

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The Bhimavaram Municipality, Rep. by its Commissioner,^Bhimavaram, West Godavari District,

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue mandamus declaring the action of the official Respondents in not taking action for removal against^{encroachmenton} eastern side of 40 Ft. public Road in Layout Plan No.^{117/92aswellas} encroachment on water flowing drain which are vested with the respondent No.3/Municipality in ward No.35 in Sy.No.50/3 of Suryanarayanapu^ram,

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Bhimavaram, West Godavari District, inspite of receiving representations dt.08.06.2023, 16.05.2022, 23.04.2022 and 07.04.2022 as illegal, arbitrary and'. Gontrarary to the provisions of Municipal Law and contrary to the directions passed in W.P.(PIL) No.140/2022 and batch^{dt.14.09.2022and} consequently direct the respondents No.2 and3 to take steps for removal of encroachments by following the orders in W.P.(PIL)^{No.140/2022and} batch dt.14.09.2022.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondent Nos.2 and 3 to implement the directions pass in W.P.(PIL) No.140/2022 and batch dt.14.09.2022 forthwith.

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Counsel for the Petitioners: SRI. T.N.M. RANGA RAO

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Counsel for the Respondent No.1: ASST.GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE

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Counsel for the Respondent No.3: SRI M.MANOHAR REDDY,^SCFOR

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MUNC & MUNC CORPORATION

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The Court made the following: ORDER

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APHC010040602024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3332]

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(Special Original Jurisdiction)

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TUESDAY, THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

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WRIT PETITION NO: 2339/2024

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Between: .

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Mudumuri Venkata Bhaskar Raju and Others ...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):

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1.TN M RANGA RAO

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Counsel for the Respondent(S):

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1.GP FOR MUNCIPAL ADMN URBAN DEV

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2.GP FOR REVENUE

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The Court made the following:

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ORDER:

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The short grievance of the petitioners is that, in spite of receiving representations dated 08.06.2023, 16.05.2022, 23.04.2022^{and07.04.2022,} the respondents are not taking action for removal of^{encroachments} on eastern side of 40 feet public road in lay out plan No. 117/92 as well as encroachment on water flowing drain which are vested^{withtherespondent}

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No.3/Municipality in Ward No.35 in survey No.50/3 of Suryanarayanapuran, Bhimavaram, West Godavari District.

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Heard Sri T.N.M.Ranga Rao. learned counsel for the petitioners learned Assistant Government Pleader for Municipal Administration & Urban Development, learned Government Pleader for Revenue and Sri M.Manohar Reddy, learned standing counsel for Municipalities.

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Sri T.N.M.Ranga Rao, learned counsel for the petitioners submitted that there are certain encroachments on the public road, in a layout as well as on the water flowing drain which are vested with municipality. In spite of bringing it to the notice of the authorities they have not acted upon. It would suffice for the time being, if a direction is qi given to the respondent Municipality to take steps in accordance with law for removal of the encroachments.

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On the other hand, Sri M.Manohar Reddy, learned standing counsel for Municipalities, on written instructions dated 30.03.2024 contended that, the encroachers are all below poverty line and the municipalities are contemplating to take steps in removing the encroachments by providing houses/shelfer to the encroachers in the TIDCO Houses provided by the Government, however sought three (03) months time to take steps in removing the encroachments.

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To the said submission, learned counsel for the petitioners reported no objection for granting three (03) months time to the respondents to takes steps for removing the encroachments.

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Taking the submission of learned counsel for the parties and the written instructions into consideration, as the respondent Municipality has an intention to take steps in removing the encroachments in accordance with law, there is no purpose in keeping this Writ Petition pending inviting counter. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following^order;

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“The respondent Municipality is directed to take steps^for removal of the encroachments by duly taking into consideration the representations made by the petitionersⁱⁿ accordance with law by issuing proper notices, inviting explanation and pass a reasoned order as expeditiously as

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possible not later than three (03) months from the date of receipt of a copy of this order.”

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Accordingly, the Writ petition is disposed of. There shall be no order as to costs.

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As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

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//TRUE COPY//

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SD/- S.SRINIVASA PRASAD ASSISTANTREGISTRAR

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SECTION OFFICER

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To,

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The Principal Secretary, Municipal Administration & Urban Development, State of Andhra Pradesh, Secretariat Buildings

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Velagapudi, Amaravathi, Guntur District.

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The District Collector, Bhimavaram, West Godavari District,

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The Commissioner, Bhimavaram Municipality, Bhimavaram, West Godavari District.

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One CC to Sri. T.N.M.Ranga Rao, Advocate [OPUC]

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Two CGs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

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One CC to Sri M. Manohar Reddy, SC for MUNC & MUNC Corporation. [OPUC]

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Three CD Copies.

HIQH COURT

DATED:02/04/2024

ORDER

WP.No.2339 of 2024

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Mudumuri Venkata Bhaskar Raju v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mudumuri Venkata Bhaskar Raju 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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