Cdc APHC010533932024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 194 of 2024 Bench Sr.No:-26 [3584] Kallepalli Venkata Sita Rama Raju ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. Sree Rama Rao Yerraguntla Advocate(s) for Respondent(s): Mr. A. S. C. Bose (SC for Municipal Corporations – R2 & R3 GP Muncipal Admn and Urban Dev – R1 Mr. V. V. Satish – R4 CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 1st July 2026 LISA GILL, CJ: Prayer in this writ petition reads as under: “a) To remove the illegal constructions being carried by the unofficial 4th respondent in the layout open space earmarked as R1 vide approved layout in T.P.No: 91/50 of DTP Madras Revised Original T.P.No. 55/50 (Revised) of the Visakhapatnam Co-operative House Building Society Limited covered by T.S.Nos. 653 to 683 of Block No:23 of Allipur Ward, Dwarakanagar, Visakhapatnam. b) To direct the respondents 2 and 3 to cancel the building plan vide B.A.No.1086/3402/B/Z3/DAR/2023 dated 18-12-2023 forthwith under section 450 of the A.P. Municipal Corporation Act, 1955. 2 HCJ & CGR, J W.P(PIL) No:194 of 2024 c) To direct the respondents more particularly the 3rd respondent to consider the complaints dated 02-11-2023, 18-10-2024 and 01-10-2024 submitted by the petitioner and consequently direct the respondents more particularly the 2nd respondent to stop the illegal construction carried out by the unofficial respondent No: 4 herein at layout open space premises bearing Door No: 47-10-7/1, Allipuram Ward, Block No: 23, Dwarakanagar 2nd lane, Visakhapatnam.” 2. Grievance raised by petitioner, who claims to be a resident of the area, is that illegal construction is being carried out at layout open space premises bearing D.No.47-10-7/1, Allipuram Ward, Block No.23, Dwarkanagar, 2nd lane Visakhapatnam. 3. Originally Visakhapatnam Cooperative House Building Society Limited obtained approval in respect to site covered by T.S. Nos.653 to 683, Block No.23 of Allipur Ward. The sites marked as R1 to R4, as pointed out from annexure P-8 attached with writ petition, were specifically reserved for purposes as mentioned against them. Site marked as R1 was reserved for „constructed office building‟. 4. It is stated that plots marked as R1 to R4 were, in fact, handed over to Municipality by the then president of House Building Society and now in an absolutely illegal manner, plot R1 is sought to be taken over by private respondent. Respondent Corporation, it is contended, has incorrectly accorded building plan approval in favour of 4th respondent on 18.12.2023 without proper scrutiny of ownership documents and link documents. Property marked as R1 is the vested property of 2nd respondent, but in an absolutely 3 HCJ & CGR, J W.P(PIL) No:194 of 2024 illegal and arbitrary manner, it has been handed over to private respondent No.4. It is thus prayed that this writ petition be allowed as prayed for. 5. Counter-affidavit of Commissioner, Greater Vishakhapatnam Municipal Corporation, (2nd respondent) has been filed wherein it is stated that land measuring Ac.4.7381 Sq. Ft in T.S. No.683-1 with all standing properties thereon was acquired by Government on behalf of Vishakhapatnam Cooperative House Building Society No.776. 6. Special Land Acquisition Revenue Inspector, thaluk office, Vishakhapatnam, vide R.C. No. 370/48-A, dated 31.01.1951, delivered physical possession of said land with all standing properties on 10.09.1953 to President of Vizagapatnam Cooperative House Building Society No.776. 7. Lease deed was executed on 30.07.1992 and layout plan was approved on the plot marked as R1 measuring 884 Sq. Yds and office of Vizagapatnam Cooperative House Building Society was constructed. This society executed a lease deed dated 30.07.1992, on which Vizagapatnam Cooperative House Building Society No. 230 constructed RCC building by removing old structure by obtaining permission from Corporation on 29.11.1993. 8. Loan had been raised by Cooperative House Building Society from A.P. Cooperative Housing Societies Federation Limited after approval from Commissioner for Cooperation and Registrar Cooperative Society, A.P., 4 HCJ & CGR, J W.P(PIL) No:194 of 2024 rendered on 19.05.2005. Vizagapatnam Cooperative House Building Society Limited No. 776 and Vizagapatnam Cooperative House Building Society Limited No. 230 decided to sell the property labeled as R1 in the layout. 9. 328 Sq. Yds was alienated to A.P. Cooperative House Societies Federation Limited vide D.No. 2130/2005 dated 01.09.2005, and 369 Sq. Yds to Varadhi Kodandaramaiah and Vardhi Gunawathi vide registered sale deed dated 23.12.2006. Thereafter, A.P. Cooperative Housing Societies Federation sold 328 Sq. Yds, purchased by it, to Varadhi Kodandaramaiah and Vardhi Gunawathi vide registered sale deed, dated 10.01.2007. 10. Varadhi Kodandaramaiah and Varadhi Gunawathi alienated land measuring 697 Sq. Yds to Yedla Vasu Deva Rao vide registered sale deed, dated 08.06.2009, and 369 Sq. Yds vide registered sale deed, dated 8.06.2009. Said Vasudeva Rao executed registered development agreement coupled with GPA in favour of Sunithi Constructions, which in turn applied for approval of building plan for construction of a commercial complex. Approval was accorded by Corporation on 18.12.2023 in accordance with applicable rules and regulations. 11. Learned counsel for respondent Corporation submits that the land in question is purely private land. Registered sale deeds had been executed in accordance with law years ago and that despite the same, upon receipt of complaints by petitioner and some others, matter was yet again inquired into 5 HCJ & CGR, J W.P(PIL) No:194 of 2024 and as per the report of Town Surveyor, it is again clarified that land in question is purely private land and site originally belonged to Vizagapatnam Cooperative House Building Society, which had been alienated as detailed in foregoing para. It is thus prayed that writ petition being devoid of any merit be dismissed. 12. We have heard learned counsel for parties and have perused the file with their able assistance. 13. Learned counsel for petitioner is indeed unable to point out any document on record, which would indicate that land in question is not private property as has been mentioned in the counter-affidavit filed on behalf of respondent Corporation. Reference by learned counsel to document attached as annexure P-8 which is titled „Note on the handing over of the roads and other reserved plots of the Municipality‟ does not come to petitioner's aid. 14. This document, by no stretch of imagination, proves that property in question has vested in Municipality. At this stage, learned counsel for petitioner submits that there has been some other litigation in respect to the property. However, he is unable to point out to the Court any such details of litigation in question or refer to any documents in this regard attached to writ petition and neither were any such documents produced before us during the course of arguments. 6 HCJ & CGR, J W.P(PIL) No:194 of 2024 15. In the given facts and circumstances, we do not find any justification in continuance of present proceedings purportedly initiated in public interest. Proceedings are thus closed. In case of any other documents which may be in possession of petitioner, he is at liberty to produce the same before respondent authorities, who shall look into the same and take appropriate decision, if any / as may be required. Writ petition is accordingly disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J akn Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 7 HCJ & CGR, J W.P(PIL) No:194 of 2024 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Petition (PIL) No:194 of 2024 DATE : 01.07.2026 AKN