WHEREAS the Petitioner above named through its Advocate Sri. Balaji Medamalli presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court, for the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus. declaring the action of the respondents in seeking to demolish the building bearing Door No. 10-50-69/26, Allipuram Ward, Visakhapatnam, Andhra Pradesh and digging of roads leading to the building of petitioner, pursuant to the notice in U.C.B.A. No. 1086/0422/B/Z3/RUT/2016, dated 28.06.2019, issued by the 5 respondent herein, without considering the explanation submitted by the petitioner, as arbitrary, illegal, unjust, discriminatory, colourable exercise of power, without jurisdiction, contrary to the provisions of the Hyderabad Municipal Corporation Act. violative of principles of natural justice, violative of the Fundamental Rights guaranteed under Articles 14, 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently set aside the said notice and direct the respondents not to demolish the aforesaid building.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri. Balaji Medamalli, Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Principal Secretary, Municipal Administration and Urban Development Department. State of Andhra Pradesh, Secretariat, Amaravathi.
2. The Special Officer-cum-District Collector. Greater Visakhapatnam Municipal Corporation, Visakhapatnam. Andhra Pradesh. Visakhapatnam District.
3. The Commissioner. Greater Visakhapatnam Municipal Corporation. Visakhapatnam. Andhra Pradesh.
4. The Chief City Planner. Greater Visakhapatnam Municipal Corporation. Visakhapatnam. Andhra Pradesh.
5. The Town Planning Supervisor. Zone-3. Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Andhra Pradesh.
are directed to show cause on or before 28.01.2021 to which date the case stands posted 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.
The Order of the Court was delivered by
M. Ganga Rao, J.:— “Notice before admission.
2. Sri. Kasa Jaganmohan Reddy, learned Special Government Pleader takes notice for respondents 1 and 2.
3. Sri. Lakshmi Narayana Reddy. learned standing counsel takes notice for Respondents 3 to 5, waives further notice and seeks lime to get instructions.
4. Post on 28.01.202I.”