APHC010167862019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7283/2019 Between: 1. RAJAMAHENDRI EDUCATIONAL SOCIETY, A REGISTERED SOCIETY REPRESENTED BY ITS SECRETARY AND CORRESPONDENT BEARING REGISTRATION NO. 679/2006, HAVING ITS REGD. OFFICE AT DOOR NO. 20-23-5/1, BACK SIDE STREET OF SOUTH INDIA SHOPPING MALL, NEAR. GOKAVARAM BUS STAND, RAJAHMUNDRY - 533 104, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY, A.P. SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 2. GODAVARI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN (GUDA) N.F.C.L. ROAD, KAKINADA, EAST GODAVARI DISTRICT. 3. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, A.P. SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 4. KONDAGUNTUR GRAM PANCHAYATH, REPRESENTED BY ITS 2 NV,J W.P.No.7283 of 2019 SECRETARY, KONDAGUNTUR VILLAGE, RAJANAGARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...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 toto issue a Writ, order or direction more particularly in the nature of Writ of Certiorari, quashing/setting aside the Impugned order, dated 08.01.2019, bearing Ref. No.2/2018/GUDA/A.P.0-II, issued by respondent no.2 and declare the same as illegal, irrational, perverse, arbitrary, high-handed, capricious and unconstitutional IA NO: 1 OF 2019 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 pleased to suspend the operation of the 'impugned order' passed by respondent No. 2, vide bearing Ref. No.2/2018 /GUDA/A.P.O- II, dated 08-01-2019 during the pendency of this writ petition and pass any other order/s that may be necessary to protect the interest of the students who are studying in the 'building' of the petitioner-society and also interests of the petitioner-society, which has not violated any provision of law, in any manner whatsoever. IA NO: 2 OF 2019 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 pleased to vacate the status quo orders granted in I.A. No. 1 of 2019 in W.P.No. 7283/2019 dt. 17-06-2019 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 Pleased to permit the Petitioner to implead the proposed respondent as respondent No. 5 in this writ petition and pass IA NO: 1 OF 2024 3 NV,J W.P.No.7283 of 2019 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 pleased to permit me to implead Rajamahendravaram Urban Development Authority” rep by its Chairperson (RUDA), 1st floor. Old Council Hall building, RMC Compound,Rajamahendravarm - 533101, as respondent No.5, in W.P. No. 7283 of 2019 and pending interlocutory applications therein. in the interests of justice and pas Counsel for the Petitioner: 1. M S R SASHI BHUSHAN Counsel for the Respondent(S): 1. .. 2. KOMMASANI SRINIVASULA REDDY SC FOR URBAN DEVELOPMENT AUTHORITIES 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 5. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 NV,J W.P.No.7283 of 2019 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.7283 OF 2019 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India, to declare the order dated 08.01.2019 bearing Ref.no.2/2018/GUDA/A.P.O-II passed by Respondent No.2 as illegal, arbitrary, consequently to set-aside the same. 2. Vide G.O.Ms.No.89 Municipal Administration & Urban Development (H1) Department dated 13.08.2021, the Government established Rajamahendravaram Urban Development Authority (RUDA) with the headquarters at Rajamahendravaram consisting of 207 Villages of 17 Mandals and 3 ULBs i.e., Rajamahendravaram Municipal Corporation, Nidadavole and Kovvur Municipalities with an extent of 1566.442 Sq.Kms by taking certain areas of Godavari Urban Development Authority (GUDA), Kakinada & Eluru Urban Development Authority (EUDA), Eluru for administrative convenience and constituted Rajamahendravaram Urban Development Authority (RUDA) with Head Quarter at Rajamahendravaram. Further, Government has renamed the residuary jurisdiction of Godavari Urban Development Authority (GUDA) 5 NV,J W.P.No.7283 of 2019 as Kakinada Urban Development Authority (KAUDA) with the headquarter at Kakinada consisting of 172 Villages of 15 Mandals and 5 ULBs with an extent of 1236.42 Sq.Kms. 3. A Memo dated 14.12.2023 has been filed by the learned counsel for the petitioner, annexing copy of the proceedings of the Vice Chairman, Rajahmundry Urban Development Authority dated 13.07.2023, wherein it is stated that, after the application submitted by the petitioner for regularization and penalization of the building was examined with reference to the Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2019, the same was penalized and regularized accordingly. 4. Hence, from G.O.Ms.No.89 Municipal Administration & Urban Development (H1) Department dated 13.08.2021, it is clear that, that second respondent/ Godavari Urban Development Authority (GUDA) is replaced with Rajamahendravaram Urban Development Authority (RUDA). Furthermore, the application submitted by the petitioner for regularization and penalization of the building was examined with reference to the scheme of Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the 6 NV,J W.P.No.7283 of 2019 Sanctioned Plan Rules, 2019, the same was penalized and regularized. In view of the above, the claim of the petitioner is redressed, as such, no further orders are necessary to be passed in this writ petition. 5. In the result, writ petition is closed by observing the same. No costs. 6. Consequently, miscellaneous applications pending if any, shall stand dismissed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 05.08.2025 SP 7 NV,J W.P.No.7283 of 2019 122 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO. 7283 OF 2019 Date: 05.08.2025 W SP