WP/27343/2008 of Gaddalagunta Grama Bhivruddi Commitee Vs State of Andhra Pradesh on 31 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHTPRESENT

THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEand THE HON'BLE MR JUSTICE R.SUBHASH REDDY

WRIT PETITION NO : 27343 of 2008

Between:

Gaddalagunta Grama Bhivruddi Commitee Near GrandhalayamGaddalaguntapalem Ongole Rep.by its Secretary Ariga Srinivasa Rao S/o.Venkata Rao R/o. Door No.2-1-112

Gaddalagunta,Ongole Prakasam District

..... PETITIONER

AND

1 State of Andhra Pradesh Rep.by Secretary to MunicipalAdministration and UrbanAdministration and Urban Development Department Secretariat Saifabad Hyderabad 2 Ongole Municipality Rep.by its Commissioner Ongole PrakasamDistrictDistrict 3 The District Collector Prakasam District Ongole 4 The Revenue Divisional Officer Ongole Prakasam District 5 The Tahasildar Ongole(M) Prakasam District

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a Writ order or direction more particularly one in thenature of writ of Mandamus declaring the action of the respondents incontemplating to demolish library building ceremony hall and to distributethe site of About Ac 1.00 cents covered by Sy No.462 of Ongole MunicipalLimits situated at Gaddalagunta Near Nehru Statue as house sites thoughearmarked for public park purpose as illegal irregular arbitrary violative ofprovisions of Andhra Pradesh Municipalites act 1965 and offends articles14 and 21 of Constitution of India and consequently direct therespondents to protect the said land for public Park purpose withoutassigning the same to anybody as house sites and pass Counsel for the Petitioner:MR.NIMMAGADDA SATYANARAYANA

Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. &

URBAN DEV.

The Court made the following :

ORAL ORDER: (Per Sri Anil R. Dave, CJ)

The grievance, which has been ventilated in this public interestlitigation is that a Library situated within the limits of respondent No.2-Municipality is likely to be demolished.

In pursuance of notice issued by this Court, learned Advocateappearing for respondent No.2-Municipality has submitted that there is noproposal with regard to demolition of the Library building.

In the circumstances, in our opinion, the grievance ventilated in thepetition is not proper and, therefore, the petition is disposed of as rejectedwith no order as to costs.

______________________

ANIL R. DAVE, CJ

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R. SUBHASH REDDY, J