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2025 DAILYLAW 10698 (AP)

Rattan Imtiyaz v. The State of Andhra Pradesh,

WP(PIL)/67/2025 · 2025-09-02

Challa Gunaranjan, Dhiraj Singh Thakur

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

h '4. APHC01&121562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) mi WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR ANl? THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WP(PIL) NO: 67 OF 2025 Between: Rattan Imtiyaz, S/o. Rattan Karimulla Khan, Social Activist, 21-547-2, Janda street, Nellore Town, SPSR Nellore District -524001, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. By its Spl. Chief Secretary, Municipal Administration and Urban Development, Secretariat, Velagapudi, Guntur District. Pin Code 522237. A.P. 2. Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District, Andhra Pradesh. PIN Code 522502. 3. District Commissioner, Municipal Administration and Urban Development Commissioner, Dargamitta, Nellore Town, SPSR Nellore District, PIN Code - 524003. 4. Directorate of Town and Country Planning, MGM Capital, Ground Floor, Near NRI Hospital, NH Flyover, Chinnakkakani, Mangalagiri, Andhra Pradesh, PIN Code - 522508. 5. City Planner, Nellore Municipal Corporation, Municipal Administration and Urban Development Commissioner, Dargamitta. Nellore Town, SPSR Nellore District ,PIN Code - 524003 Municipal 6. Assistant City Planner, Nellore Municipal Corporation, Administration and Urban Development Commissioner, Dargamitta, Nellore Town, SPSR Nellore District, PIN Code.- 524003. 7. District Collector and Magistrate Nellore, Achari Street, Nellore Town, SPSR Nellore District, PIN Code - 524001. 8. Smt. Shaik Fazila, W/o Shaik Muzahid, Savarala Vaari Street, SGM Tower, Chinna Bazar, Nellore Town, SPSR Nellore District PIN Code - 524001. 9. Shaik Farida, W/o Muzafer, SGM Tower Savarala Vaari Street, Chinna Bazar. Nellore Town, SPSR Nellore District-524001. 10. Ward Planning Secretary, Nellore Municipal Corporation, Municipal Dargamitta, Administration and Urban Development Commissioner, Nellore Town, SPSR Nellore District. PIN Code.- 524003. 11. District Registration and Stamps, Nellore Town, SPSR Nellore District PIN- 524003. 12. Sachin Shantaram, S/o. Shantaram Devkar, 19/241, chinnaBazaar, Kamati Street, Nellore Town, SPSR Nellore District, PIN-524001. D.No 1-5-24, 13. Smt. Jamill Sireesha, W/o. Jamili Srinivasarao Narayanrao Pet, Nellore Town, SPSR Nellore District 14. Sk. Meera vali, s/o Pedda Mera vali Age 41 years D.No 12/329, RU Agani Pet Nellore District. ...RESPONDENTS 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 to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents not consider the petitioners quarry from top to bottom level Municipal Official Authority. Permitted only G+2 but illegal Constructed G+3, 90%of the Road Encroached before construction of the said Civil Construction Savarala Veedhi freely moving the Vehicles, now Bicycle may be roaming in the street. (ii)Direct the Vi respondents to as per Permitted Construction G + 2 but Doing G + 3 by way of illegal the Street winding 10 feet did not given, encourage 10 feet of the said Road. Street public facing emergency any need like. Fire Ambulance Etc., It is illegal, arbitrary unjust, improper against principles of Natural justice and Violation Art 14 and 21 of the constitution of India. and also It is extra lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents of Remove the illegal road side occupied 10 ft. Constructed commercial Building Ground floor and Two floors (G+2) Municipal Administration Department, Government Allowed permitted Ground floor and Two floors (G+2) only. But occupied more Road side place It is further prayed, in the interim, pending disposal of the writ petition, that this Flon’ble Court may be pleased to direct the respondents to forthwith to pass orders on the representation. Dated:22-08-2024 ,30-09- 2024,27-09-2024,11- 11-2024 06-12-2024 of the petitioner Counsel for the Petitioner: SRI MD MUJUBYUDDIN Counsel for the Respondent Nos.1 to 4 & 7;GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.5,6 & 10: A S C BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.11: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent Nos.8 & 9:GUTTAPALEM VIJAYA KUMAR Counsel for the Respondent Nos.12 to 14:-— The Court made the following order: APHC010121562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:-46 [3552] 'it. ■ < WP(PIL) NO; 67 of 2025 Rattan Imtiyaz ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner ; Mr. Md. Mujubyuddin : Mr. A. S. C. Bose, Standing Counsel for Municipal Corporations GP for Municipal Administration and Urban Development Mr. Guttapalem Vijaya Kumar CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN Advocates for Respondents DATE : 3rd September 2025 P C : The petitioner highlights the alleged construction in violation of the provisions of the Municipal laws, on which it is stated that no action has been taken despite repeated requests to the concerned. We dispose of this petition with a direction to the Commissioner of Nellore Municipal Corporation to consider the representations made by the petitioner and take appropriate action in accordance with law. No costs. Consequently, connected pending miscellaneous applications, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR ^OFFICER //TRUE COPY// SECTIO To 1. The Spl. Chief Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh Guntur District. Pin Code 522237. A.P. Secretariat, Velagapudi, 2. Commissioner and Director of Municipal Administration, Vaddeswaram, Guntur District, Andhra Pradesh. PIN Code 522502. 3. District Commissioner, Municipal Administration and Urban Development Commissioner, Dargamitta, Nellore Town, SPSR Nellore District, PIN Code - 524003. 4. Directorate of Town and Country Planning, MGM Capital, Ground Floor, Near NRI Hospital, NH Flyover, Chinnakkakani, Mangalagiri, Andhra Pradesh, PIN Code - 522508. 5. City Planner, Nellore Municipal Corporation, Municipal Administration and Urban Development Commissioner, Dargamitta. Nellore Town, SPSR Nellore District ,PIN Code.- 524003 6. Assistant City Planner, Nellore Municipal Corporation Municipal Administration and Urban Development Commissioner, Dargamitta, Nellore Town, SPSR Nellore District, PIN Code.- 524003. 7. District Collector and Magistrate Nellore, Achari Street, Nellore Town, SPSR Nellore District, PIN Code - 524001. 8. Ward Planning Secretary, Nellore Municipal Corporation, Municipal Administration and Urban Development Commissioner, Dargamitta, Nellore Town, SPSR Nellore District. PIN Code.- 524003. 9. District Registration and Stamps, Nellore Town, SPSR Nellore District PIN- 524003. 10. One CC to Sri Md. Mujubyuddin, Advocate [OPUC] 11. One CC to Sri A S C Bose, SC For Municipal Corporations [OPUC] 12. One CC to Sri Guttapalem Vijaya Kumar, Advocate [OPUC] 13. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] 14. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 15. Two CD Copies. ssb HIGH COURT DATED:03/09/2025 ORDER WP{PIL) No. 67 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS