(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY , THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE: RAMESH RANGANATHAN WP :13360 of 2014 Between:
Sripurapu Subash Chandra Bose, S/o late S.V. Subbaiah, . PETITIONER AND
1. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Development Dept., Secretariat Buildings, Hyderabad.
2. Vijayawada Municipal Corporation, Vijayawada, rep.by its Commissioner.
3. The District Collector, Krishna District at Machilipatnam.
4. T. Rarna Mohan Rao, R/o T2, Koneru Residency, Near ITI Bus Stop Road, Ashok Nagar, Vijayawada.
. RESPONDENTS WHEREAS the Petitioner above named through his Advocate Sri Kovvuri Krishna Kishore, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in 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 inaction of the respondents in removing the lift in "Koneru Residency" situated in Municipal bearing No.59-5-12/1 in R.S.No.2/2 of Patamata, Near ITI Bus Stop Road, Ashok Nagar, Vijayawada as illegal, arbitrary and violation of the Greater Hyderabad Municipal Corporation Act and consequently direct the respondents to remove the lift in the above apartment;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of S r i Kovvuri Krishna Kishore, Advocate for the Petitioner, and Sri T. Balaswami, Advocate for Respondent No.2, directed issue of notice to the Respondents herein to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition;
You viz;
1. The Principal Secretary, Municipal Administration & Urban Development Dept., State of A.P., Secretariat Buildings, Hyderabad.
2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada,
3. The District Collector, Krishna District at Machilipatnam.
4. T. Rarna Mohan Rao, R/o T2, Koneru Residency, Near ITI Bus Stop Road, Ashok Nagar, Vijayawada.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
And the Court further made the following ..2..
ORDER:
Notice before admission.
Sri T.Balaswami, learned Standing Counsel for the second respondent, on instructions, states that the fourth respondent had filed W.P.No.35531 of 2012 and it is in view of the interim order of Status quo passed therein that the second respondent has not taken action for the illegal construction of the “lift” by the fourth respondent.
Post the Writ Petition on 03.06.2014 along with W.P.No.35531 of 2012.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1. The Principal Secretary, Municipal Administration & Urban Development Dept., State of A.P., Secretariat Buildings, Hyderabad.
2. The Commissioner, Vijayawada Municipal Corporation, Vijayawada,
3. The District Collector, Krishna District at Machilipatnam.
4. T. Rarna Mohan Rao, R/o T2, Koneru Residency, Near ITI Bus Stop Road, Ashok Nagar, Vijayawada.
(Addressee Nos 1 to 4 by RPAD) (along with a copy of petition and affidavit)
5. Two CCs to GP for Municipal Admn., High Court of A.P., Hyderabad (OUT)
6. Two CCs to GP for Revenue, High Court of A.P., Hyderabad (OUT)
7. One CC to Sri Kovvuri Krishna Kishore, Advocate (OPUC)
8. One spare copy Skm HIGH COURT RR,J Drafted by : skm Drafted on: 05-05-2014 DATE: 28-04-2014 NOTE: Post the Writ Petition on 03.06.2014 along with W.P.No.35531 of 2012.
NOTICE BEFORE ADMISSION WP. No. 13360 of 2014 STATUS QUO