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2025 DAILYLAW 11195 (AP)

Gunda Srinivasarao, v. The State of Andhra Pradesh, Municipal Administration

WP/9339/2015 · 2025-01-08

V Sujatha

body2025

Judgment text

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1 APHC010129012015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9339/2015 Between: Gunda Srinivasarao, ...PETITIONER AND The State of Andhra Pradesh Municipal Administration and others ...RESPONDENT(S) Counsel for the Petitioner: 1. SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of 2nd respondent in not initiating any action against the 3rd respondent for preventing the usage of Annadhana Sadanam and Bhajana Hall maintained by the 3rd respondent for marriages, receptions, political party meetings and other commercial activities, without there being any permission, as illegal, arbitrary and violative of principles of natural justice and Art.21 of the Constitution of India…...” 2. Heard learned counsel for the petitioner and the learned Standing Counsel for Municipality for respondents. 3. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition was already dealt with in W.P No.34822 of 2011, wherein Commissioner of Nagar Panchayat, Tiruvuru filed counter stating that respondent No.6 therein issued notice to respondent No.5 therein on 13.12.2012, instructing respondent No.5 not to issue the hall for the purpose other than the purpose for which it was constructed, and that the temple was constructed in the year 1997 and a big hall was also constructed for the purpose of Bajans, cultural activities and for providing free meal to the poor with the financial assistance/contributions of the local people. The said W.P No.34822 of 2011 was disposed of by this Court vide order dated 15.03.2023 placing on record the averments made in the counter filed by the respondent No.6 therein. 3 4. In the present case, learned counsel submitted written instructions received from the Commissioner, Tiruvuru Nagarapanchayat, wherein he stated that respondent No.3 herein is not using the Annadhana Sadanam and Bhajana Hall for political party meetings or commercial purpose in strict compliance with the order passed by this Court in W.P No.34822 of 2011 dated 15.03.2023. 5. In view of the submission made by the Commissioner, Tiruvuru Nagarapanchayat that respondent No.3 is not using the Annadana Sadanam and Bhajana Hall in strict compliance with the order dated 15.03.2023 passed by this Court in W.P No.34822 of 2011, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition directing the respondent No.3 not to use the subject Annadhana Sadanam and Bhajana Hall for marriages, receptions, political party meeting and other commercial activities, without there being any permission. 6. With the above direction, the writ petition is disposed of. No costs. 7. Registry is directed to attach the copy of the order, dated 15.03.2023 passed by this Court in W.P.No.34822 of 2011 and batch to this order. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 08.01.2025 KGR