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2025 DAILYLAW 13794 (AP)

Sri.Ambati Raghavendra Reddy, v. State of Andhra Pradesh,

WP/8841/2025 · 2025-04-07

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010168172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8841/2025 Between: Sri.ambati Raghavendra Reddy, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 8841 of 2025 ORDER: 1. The present Writ Petition is filed seeking for expeditious disposal of the Appeal filed by the Petitioner under Section 345 of the Andhra Pradesh Municipalities Act, 1965 ( for short ‘ the Act, 1965’), questioning the confirmation order passed by the Municipal Corporation, Tadipatri vide Notice No.09/1007/TDR/UC/2024, dated 02.11.2024. 2. Sri G. Lakshmi Narayana, learned Standing Counsel appearing for the Respondent Municipality submits that the Appeal by the Petitioner is filed before the Municipal Council, Ananthapur and that the said Municipal Council was not have any jurisdiction vis a vis to entertain any appeal under Section 345 of the Act with regard to the orders passed by the Commissioner, Thadipatri. In that view, the learned Standing Counsel submits that as there is no appeal pending before the Appellate Authority i.e., the Respondent No.2, the question of disposal of appeal may not arise. 3. Learned counsel for the Petitioner in reply submits that there is no Municipal Council for Tadipatril as on date, the 3 Petitioner was advised to file appeal before the Respondent No.3 and therefore, the appeal was filed. 4. Having heard the respective counsel, the respondent No.3 is a Corporation under the Andhra Pradesh Municipal Corporation Act with defined jurisdiction thereunder. Section 345 of the Act provides for appeal against any order passed by the Tadipatri Municipality to the Municipal Council for Tadipatri and the appeal filed before the Respondent No.3 does not appear to be valid. 5. In view of the above, the present Writ Petition can be disposed of leaving it open to the Petitioner to file an appeal before the appellate authority specified under Section 345 of A.P. Municipalities Act and if there is no authority to entertain the appeal, the Petitioner is at liberty to file a Writ Petition before this Court questioning the original order. 6. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous Petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 07.04.2025 eha 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 8841 of 2025 Date: 07.04.2025 eha U