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2025 DAILYLAW 11001 (AP)

G K NIRMALA v. THE STATE OF ANDHRA PRADESH

WP/6648/2025 · 2025-03-18

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6648 OF 2025 / Between: G K Nirmala, W/o G. Krishna Reddy, Aged 45 years, Occ: House wife, R/o 19-9-51/5D,Kennedy Nagar, Tirupati, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravathi. 2. The Collector, Tirupati District. 3. The Tirupati Urban Development Authority, Rep by its Vice-Chairman, Tirupati, Tirupati District. 4. The Revenue Divisional Officer, Tirupati Revenue Division, having office at RDO Office, Tirupati district. 5. The Tahsildar, Tirupati Rural Mandal Tirupati 6. The Municipal Corporation of Tirupati, Rep by its Municipal Commissioner, Tirupati. 7. The Tiruchanoor Gram Panchayat, Rep by its Panchayat Secretary, Tiruchanoor, Tirupati District. If 8. M/s Suresh Productions Pvt. Ltd, rep by its Managing Director, Ramanaidu Studios, Filmnagar, Road No.79, Jubilee Hills Hyderabad,Telangana-500096 ...Respondents^ Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue direction, more particularly in the nature of Writ of Mandamus, declaring the inaction of the respondent Nos. 2 to 7, pursuant to representation of the petitioner dated 23.12.2024 and 08.01.2025 being illegal arbitrary and unconstitutional and consequently direct the respondent Nos. 2 to 7 to protect the water body situated in between Sy.Nos. 434 and 435 of Tiruchanoor Village, Tirupati Rural Mandal and preserve the buffer zone, may as 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 High Court may be pleased to issue interim directions to the respondent Nos. 2 to 7 to forthwith stop the development works in the water body situated in between Sy.Nos. 434 and 435 of Tiruchanoor Village, Tirupati Rural Mandal and preserve the buffer zone, pending disposal of the Writ Petition'7" Counsel for the Petitioner: SRI. V VENKATA MAYUR Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 2, 4 &5: GP FOR REVENUE Counsel for the Respondent No. 6: SRI VENGALA REDDY P SC FOR MUNICIPAL CORPORATION 4 Counsel for the Respondent No.7: SRI M SUDHIR SC FOR ZPP, MPP AND GP The Court made the following order: APHC010125982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6648 OF 2025 Between: ...PETITIONER G K Nirmala AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VVENKATA MAYUR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ’.7‘ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6648 OF 2025 The present Writ Petition is filed declaring the inaction of the respondents 2 to 7 in taking action pursuant to representation of the petitioner, dated 23.12.2024 and 08.01.2025 as'being illegal, arbitrary and consequently 2 to 7 to protect the water body, situated in between Tiruchanoor Village, Tirupati Rural Mandal and direct the respondents Sy.Nos. 434 and 435 of preserve the buffer zone. 2. The claim of the petitioner in this writ petition is that she is the owner admeasuring 150 Sq.yds situated in Sy.No. Tiruchanoor Gram Panchayat, Tirupati, Registered Sale Deed dated 17.12.2014, and possessor of Plot No. 8A 434/2 and 434/3 of Ward No. 10 having purchased the same under a vide document No. 8787 of 2014. As the plot purchased by the petitioner is <! / an regularized vide proceedings No. unapproved layout, the same LRS2020/CTRfrUDA/ TlRU/TlRU/00239, dated 22.07.2021. was of the petitioner that there is 30 ft., canal 3. Further, it is the case abutting the plot of the petitioner in Sy.Nos. 434 and 435. The main grievance of the petitioner is that though the same is being shown as canal as per village being executed by 8 dated 23.12.2024 and documents, layouts are map and other revenue respondent and inspite of several representations 08.01.2025, no action has been taken by the respondents 2 to 7. 4. Therefore, considering the grievance of the petitioner, in order to protect the water body, the writ petition can be disposed of with the following directions; (i) respondents are directed to consider the representations of the petitioner dated 23.12.2024 and 08.01.2025 and within a period of four (04) weeks from tqday. pass appropriate orders (ii) In case, any action against the unofficial respondent is proposed to be taken, the same shall be done after due notice to the unofficial respondent. 5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- V.SAVITHRI GOWRl ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State Andhra Pradesh, Secretariat, Velagapudi ,Amaravathi. 2. The Collector, Tirupati District. 3. The Vice-Chairman, Tirupati Urban Development Authority, Tirupati, Tirupati District 4. The Revenue Divisional Officer, Tirupati Revenue Division, having office at RDO Office, Tirupati district 5. The Tahsildar, Tirupati Rural Mandal Tirupati 6. The Municipal Commissioner, Municipal Corporation of Tirupati, Tirupati, 7. The Panchayat Secretary, Tiruchanoor Gram Panchayat, Tiruchanoor, Tirupati District. of 8. The Managing Director, Suresh Productions Pvt. Ltd, Ramanaidu Studios, Filmnagar, Road No.79, Jubilee Hills Hyderabad,Telangan a - 500096 9. One CC to Sri. VVenkata Mayur Advocate [OPUC] One CC to Sri. P Vengal Reddy SC for Municipal Corporation 10. [OPUC] One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] 11. Two CCs to GP for Municipal Admin And Urban Dev, High Court Of Andhra Pradesh. [OUT] 12. Two CCs to GP For Revenue, High Court Of Andhra Pradesh. 13. [OUT] Three CD Copies 14. GSC HIGH COURT DATED: 18/03/2025 ORDER WP.No.6648 of 2025 ^ 2 9 m 2n?5 ^ . Curreni Section . DISPOSING OF THE WP WITHOUT COSTS