IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE THIRD DAY OF JUNE, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WP .NO: 13219 of 2014 Between:
1 A.Mallikarjuna, S/o A.Anjanaiah
2 A.Srinivasa Rao, S/o Late Atluri Gopalarao AND . Petitioners
1 Government of Andhra Pradesh, rep. by its Principal Secretary, Municipal Admn. Department, Secretariat, Hyderabad.
2 Kurnool Municipal Corporation, rep. by its Commissioner, N.R. Pet, Kurnool-518 004.
. 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent No.2 in threatening to dispossess the petitioners herein from their plot Nos.51, 52, 53, 44, 45 and 46 in Sy.No.235 situated at Mamidalapadu village, Kurnool Mandal, Kurnool District, without following the due process of Law, as being illegal, arbitrary, without jurisdiction, violative of Article 21 and 300-A of Constitution of India.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri C. Hanumantha Rayudu, Advocate for the Petitioners and G.P. for Municipal Administration for Respondent No.1, the Court made the following ORDER:
Neither is Sri B.Hanumantha Rao, Learned Standing Counsel for Kurnool Municipal Corporation, present nor is there any representation on his behalf. The only manner in which the truth or otherwise of the allegations, in the writ affidavit, can be ascertained is if the 2nd respondent is directed to be personally present in the Court, along with the records, on the next date of hearing.
Post on 10.06.2014 in the Motion List, on which date, the 2nd respondent shall be personally present in Court at 10.30 A.M. Sri C. Hanumantha Rayudu, Learned Counsel for the petitioners, is permitted to intimate the 2nd respondent of his obligations under this Order.
ASSISTANT REGISTRAR //TRUE COPY// To For ASSISTANT REGISTRAR
1 The Principal Secretary, Municipal Admn. Department, Government of Andhra Pradesh, Secretariat, Hyderabad.
2 The Commissioner, Kurnool Municipal Corporation, N.R. Pet, Kurnool-518 004. (By Speed Post)
3 One CC to Sri C. Hanumantha Rayudu, Advocate (OPUC)
4 Two CCs to the G.P. for Municipal Admn., High Court, Hyderabad. (OUT)
5 One spare copy. nnr HIGH COURT RR,J DATED: 3-6-2014 NOTE: For appearance on 10-6-2014 at 10.30 AM ORDER W.P.NO. 13219 OF 2014 DIRECTION HIGH COURT Nnr Date of Drafting : 4-6-2014 RR,J DATED: 3-6-2014 NOTE: For appearance on 10-6-2014 at 10.30 AM ORDER W.P.NO. 13219 OF 2014 DIRECTION