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2025 DAILYLAW 16951 (AP)

M/s. BR Infra Builder and Realter, v. The State of Andhra Pradesh,

WP/11522/2024 · 2025-08-13

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A S! / APHC010227382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •iu THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11522 OF 2024 Between: M/s. BR Infra Builder and Realter,, having its office at 8-126/101/10, Phase-1, KBC Green City, Vanukuru Donka Road Penamalluru Village and Mandal, Krishna District, Rep. by its Proprietrix - Smt. Bachu Jaya Prada, W/o. Ranganadh ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, M.A and U.D. Department, Secretariat, Velagapudi, Amaravathi Mandal, Guntur District. 2. The State of Andhra Pradesh, Rep by its PrI. Secretary Department, Secretariat, Velagapudi, Amaravathi District. 3. The Commissioner, APCRDA, Vijayawada. 4. The Director of Town and Country Planning, MGM Capital, Ground Floor, Near NRI Hospital NH Andhra Pradesh - 522508 5. The District Collector, Krishna District, At Machilipatnam. 6. The Revenue Divisional Officer, Vuyyuru, Krishna District. 7. The Tahsildar, Penamaluru Mandal, Penamaluru, Krishna District. Revenue Mandal, Guntur Flyover, Chinakakani, Mangalagiri ’ ...Respondents ■i* 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 appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the order passed by the Tahsildar, Penamaluru i.e., the 7th Respondent herein in Rc.B/21/2023 dated 15.02.2024, wherein the 7th respondent has directed the petitioner not to utilize an extent of Ac.0.8650 cents of land for the purpose of non-agricultural, which is highly illegal, arbitrary, provisions of A.P. Agricultural Purposes) Act, 2006 and Rules consequential action of the 3rd respondent in issuing notice in Roc.No.MAU61-DP0VIJ(OTH)/6/2024- DP, dated 18.03.2024, which was received by the petitioner on 16.04.2024, asking the petitioner's explanation along with the land conversion proceedings on NALA from the competent authority or else the further action will be initiated under Sec.113 of APCRDA Act, 2014 and Rule 9 of AP Land Development (Layout and Sub-Division. Rules, 2017 issued in G.O.Ms.No.275 dated 18.07.2017 against petitioner's layouts viz., 1) L.P.No. 18/2020/1168/APCRDA/ DPMS, dated 30.01.2021 in respect of land measuring Ac. 4.75 cents in R.S.No.288/1(P), 289/1, 5(P), 6(P) and 290/2(P) of Penamaluru village, Penamaluru Mandal, Krishna District, and 2) L.P.No. 81/ 2022/ 1168/APCRDA/DPMS dated 07.12.2023 in respect of land measuring Ac.14.7005 cents in Sy.Nos.13. 289/2, 3, 4 and 306/1 of Penamaluru village, Penamaluru Mandal, Krishna district, is highly illegal, arbitrary, unjust and misconstrued and consequently set aside the proceedings of the 7th Respondent in Rc.B/21/2023 dated 15.02.2024 and proceedings DP0ViJ(OTH)/6/2024 - DP, dated 18.03.2024. without jurisdiction and contrary to the Land (Conversion for Non-Agricultural made thereunder and further the of the 3rd respondent issued in Roc.No.MAL)61- lA NO: 1 OF 2024 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 stay all further proceedings of the 7th respondent including the proceedings issued in Rc.B/21/2023 dated 15.02.2024 in respect of the petitioner's land measuring Ac. 4.75 cents in R.S.No.288/1(P), 289/1, 5(P), 6(P) and 290/2(P) of Penamaluru village, Penamaluru Mandal, Krishna District and land measuring Ac.14.7005 cents in Sy.Nos.13, 289/2, 3, 4 and 306/1 of Penamaluru village, Penamaluru Mandal, Krishna district lA NO: 2 OF 2024 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 stay all further proceedings of the 7th respondent including the proceedings issued in Rc.B/21/2023 dated 15.02.2024 in respect of the petitioner's land measuring Ac. 4.75 cents in R.S.No.288/1(P), 289/1, 5(P), 6(P) and 290/2(P) of Penamaluru village, Penamaluru Mandal, Krishna District and land measuring Ac. 14.7005 cents in Sy.Nos.13, 289/2, 3, 4 and 306/1 of Penamaluru village, Penamaluru Mandal, Krishna district. Counsel for the Petitioner: SRI G L NAGESWAR RAO Counsel for the Respondent Nos.1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 5 to 7: GP FOR REVENUE Counsel for the Respondent No.3: M/S S PRANATHI The Court made the following order: APHC010227382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11522/2024 Between: 1.M/S. BR INFRA BUILDER AND REALTER,, HAVING ITS OFFICE AT 8-126/101/10, PHASE-1, KBC GREEN CITY, VANUKURU DONKA ROAD DISTRICT, REP. BY ITS PROPRIETRIX - SMT. BACHU JAYA PRADA, W/0. RANGANADH PENAMALLURU VILLAGE AND MANDAL, KRISHNA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL M.A AND U.D. DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATHI MANDAL, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI MANDAL, GUNTUR DISTRICT. 3.THE COMMISSIONER, APCRDA, VIJAYAWADA. 4.THE DIRECTOR OF TOWN AND COUNTRY PLANNING, MGM CAPITAL, GROUND FLOOR, NEAR NRI HOSPITAL NH FLYOVER, CHINAKAKANI, MANGALAGIRI, ANDHRA PRADESH - 522508 5.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. AT KRISHNA 6.THE REVENUE DIVISIONAL OFFICER, VUYYURU DISTRICT. f 2 7.THE TAHSILDAR, PENAMALURU MANDAL KRISHNA DISTRICT. PENAMALURU ...RESPONDENT(S): Counsel for the Petitioner: 1.G L NAGESWAR RAO Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.S PRANATHI The Court made the following: >• 3 ORDER The learned counsel appearing for the petitioner seeks the of this Court to withdraw the present Writ Petition. permission 2. Permission is accorded. 3. Accordingly, this Writ Petition is dismissed as withdrawn. There shall be order as to costs. As a sequel, miscellaneous petitions pending, if ai^yf shall stand closed. no RAO ACHAR! assistant registrar //TRUE COPY// SECTION To, 1. One CC to Sri. G L Nageswar Rao, Advocate [OPUC] 2. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 4. One CC to Sri. S Pranathi, Advocate [OPUC] 5. Two CD Copies. AL HIGH COURT DATED:14/08/2025 ORDER WP NO. 11522 OF 2024 I 15 SEP 2025 I ^ . Current Section . ^ DISMISSING THE W.P. AS WITHDRAWN, WITHOUT COSTS