IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD SATURDAY, THE TWENTY FIRST DAY OF SEPTEMBER, TWO THOUSAND AND THIRTEEN :PRESENT:
THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WP .NO: 22072 of 2013
Between:
Garlapati Leela Mallikarjuna Rao S/o G. Sreeramulu AND . Petitioner
1 Vijayawada Municipal Corporation, Vijayawada, Rep. by its Commissioner.
2 Uppu Seetha Mahalakshmi W/o late Uppu Rama Rao, R/o Flat No.FF2, Ratnam Homes, side road of IOC Bunk, Ramavarappadu, Vijayawada Rural.
3 Kammili Renuka Rani W/o Nagaraju, R/o GF-3 & 4, Balaji Towers, Ramavarappadu, Vijayawada Rural.
4 Kammili Nagaraju, LIC Development Officer, R/o GF-3& 4, Balaji Towers, Ramavarappadu, Vijayawada Rural.
. 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, declaring the action of the First Respondent herein in issuing notice of demolition in Roc No. Nil, dated 18.07.2013, issued under Section 456 of the Hyderabad Municipal Corporation Act, without affording sufficient opportunity to the Petitioner to explain his case and set- aside the same as illegal, arbitrary.
The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and orders of the High Court dated 26-7-2013, 30-07- 2013, 1-8-2013, 7-8-2013 and 28-08-2013 made herein and upon hearing the arguments of Dr. Y.Radha Krishna Murthy, Advocate for the Petitioner, and Sri T. Balaswami Standing Counsel for Respondent No.1, and Sri Madhava Rao Nalluri, Advocate for Respondent Nos 3 & 4, the Court made the following ORDER:
The learned counsel for the petitioner has produced Report dated 27-08-2013 from the Industrial Consultancy S e rv ic e s , University College of Engineering, JNTU, Kakinada. It was signed by the Principal & Chief Coordinator of the said Industrial Consultancy Services. It is also signed by the Professor & Head, Department of Civil Engineering, University College of Engineering, JNTUK, Kakinada.
It appears that the structure in question has been inspected on 25-08-2013 and the findings are made known. But however, the learned counsel for the 4th respondent would dispute the veracity of this Report only on the ground that the said Industrial Consultancy Services has not put the 4th respondent – owner on notice at the time of inspection undertaken by it. The learned counsel for the 4th respondent, therefore, requests that let a re-inspection be undertaken in the presence of the 4th respondent and the petitioner and the necessary expenditure would be borne by the 4th respondent.
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I, therefore, direct the Industrial Consultancy Services, University College of Engineering, JNTU, Kakinada, to undertake a re-inspection of the premises, which is the subject matter of the Report submitted by them on 27-08- 2013, and make their findings known to this Court by way of a sealed cover submitted to the Registrar (Judicial), Andhra Pradesh High Court, Hyderabad, super-scribing the cover with “W.P.No.22072 of 2013”.
The 4th respondent is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) with the Industrial Consultancy Services, University College of Engineering, JNTU, Kakinada, forthwith.
Registry is directed to communicate a copy of this Order directly to the Industrial Consultancy Services, University College of Engineering, JNTU, Kakinada, and list this matter for consideration after fifteen days.
//TRUE COPY// To ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1. The Industrial Consultancy Services, University College of Engineering, JNTU, Kakinada (BY RPAD)
2. One CC to Dr. Y.Radhakrishna Murthy, Advocate (OPUC)
3. One CC to Sri Madhavarao Nalluri, Advocate (OPUC)
4. One Spare Copy SKM HIGH COURT NRR,J Drafted by: skm Drafted on: 21-09-2013 DATED: 21-09-2013 ORDER W.P.NO. 22072 OF 2013 EXTENDING INTERIM ORDER