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2023 DAILYLAW 1697 (AP)

GODAVARTHI ALIVELU MANGA TAYARU v. THE STATE OF AP

WP/24636/2023 · 2026-04-14

Subba Reddy Satti

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010474212023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24636/2023 Between: 1. GODAVARTHI ALIVELU MANGA TAYARU, W/O ANANTA VENU GOPALA RANGA CHARYULU AGED 71 YEARS, D.NO. 2-13, CHIRATHA PUDI, W/O. ANANTA VENU, GOPALA RANGA CHARYULU, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 2. GODAVARTI ANANTA VENU GOPALA RANGA CHARYULU,, S/O. LAKSHMI NARASIMHA CHARYULU, AGED 80 YEARS, OCC CULTIVATION, RIO. D.NO. 2-13, CHIRATHA PUDI, EAST GODAVARI DISTRICT, ANDHRA PRADESH 3. LANKA S.S. PRASAD,, S/O. VENKATA SATYANARAYANA, AGED 47 YEARS, OCC. CULTIVATION, R/O. D.NO. 4-11, KAMMIREDDY PALEM, KOTHAPETA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. BODDU SURYA VENKATA KUMASI,, W/O. VISWANADHAM, AGED 42 YEARS, OCC. HOUSE WIFE, R/O. D.NO. 4-12, KAMMIREDDY PALEM, KOTHAPETA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM MANDAL, AMALAPURAM, (ERSTWHILE EAST GODAVARI DISTRICT). 3. THE DISTI ICT PANCHAYAT RAJ OFFICER, , DR. B.R. AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM MANDAL, AMALAPURAM, (ERSTWHILE EAST GODAVARI DISTRICT). 4. THE SUB REGISTAR, KOTHAPETA, KOTHAPETA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 5. THE PANCHAYAT SECRETARY, OFFICE OF THE KOTHAPETA GRAM PANCHAYAT KOTHAPETA MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT). 6. DENDULURI SATYANARAYANA MURTHY, S/O. VEERABADRARAO, AGED ABOUT 48 YEARS, OCC. REAL ESTATE BUSINESS, KOTHAPETA GRAMAPANCHAT, AND KOTHAPETA MANDAL, DR. B.R. ARNBEDKAR KONASEEMA DISTRICT. (ERSTWHILE EAST GODAVARI DISTRICT ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order or orders, direction or directions, Writ or Writs, more particularly one in the nature of Writ of Mandamus declareing the action of respondents No. 2 to 5 in not considering the representations dated 30.07.2023 of petitioners for preventing to construct boundary wall around the total layout by respondent No 6 in obstructing free flowing of rain and drainage water from abutting agricultural fields of petitioners and constructing Cement Arch, and also not constructed compound wall to 10.45 PERCENTAGE , o pen space and same are not handed over to panchayathi by laying only 61-5 straight horizontal cement road across from Western Side Amaiapuram Road to Eastern Side road connecting Thallamma Ammavari Puntha Road, without laying other Horizontal Southern side road, and other five vertical roads i.e., North to south roads as approved in the layout and by deviating the approved layout vide TLP No. 20/2022 dated 01.09.2022 situated in Rs. No. 637/1, 638/1, 638/3 to an extent of Ac. 4.19 Cents, Kothapeta Grama panchayathi, Kothapeta Mandal, Dr. B.R. Ambedkar Konaseema District is illegal, arbitrary and violation of GoMs No 67 dated 26.02.2002 read with Lr D,Dis No.1025/2022/R1 dated 01.09.2022 besides contrary to Articles 14, 19 and 21 of the Constitution of India, and consequently direct the respondents No.4 not entertain any registration of flats in the Layout being Respondent No 6 is in violating Part-A of Rk.sle (4) (b) of Go.Nis No. 67. dated 26.02.2002 and further directed the Respondent No.3 to 5 to revoke or suspend the approval of layout vide TLP No. 20/2022 dated 01.09.2022 or alternatively the ,respondent No 6 obtain revised permission as per rule 8 and 9 of GoMs No 67 dated 26.02.2002 and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.4 not to entertain any further registration of flats in the Layout being the Respondent No 6 is in violating Part-A of Rule (4) (b) of Go.Ms No. 67 dated 26.02.2002 Pending disposal of Main Writ petition and pass IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3 to revoke or suspend the approval of layout vide TLP No. 20/2022 dated 01.09.2022 or alternatively the respondent No 6 obtain revised permission as per rule 8 and 9 of GoMs No 67 dated 26.02.2002 Pending disposal of Main Writ petition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the Petitioner herein/ Respondent No.2 in the Writ Petition No. 20649 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following order: In pursuance of letter dated 07.04.2026 addressed to the Registrar (Judicial), learned counsel for the petitioners seeks permission to withdraw the present writ petition. 2. Permission is accorded. 3. Accordingly, this writ petition is dismissed as withdrawn. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Dated: 15.04.2026 SNI 58 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.24636 OF 2023 Dated: 15.04.2026 SNI