IN THE HIGH COURT OF ANDHRA PRAOpH ANIARAVATI IN THE HIGH Jurisdiction) TWENTY FOURTH DAY OF JANUARY thousand and twenty five FRIDAY, THE TWO PRESENT honourable smt justice V.SUJATHA WRIT PETITION NO: OF 2024 THE BETWEEN; Kunapareddy Radha Rani, W/o Dr. Ramaiah Naidu, R/o Dmte-yi, Near R & B Guest House Ashok Nagar, Tiruvuru, N.T.R. District. ...Petitioner AND . Government of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Administration Department, Secretariat building Complex, Velagapudi, Guntur District. 2. The Chairman- Commissioner and Andhra Pradesh, Vaddeswaram 3. The Director of ToNA/n & Country Planning Andhra Pradesh, Mangalagiri, Guntur District. 1 Director of Municipal Administration Guntur District. 4 Tiruvuru Nagar Panchayat, ■ Represented by its Commissioner N.T.R. District. Tiruvuru 5. Kanchi Rajesh, S/o Ramachandra Rao, Aged 47 years, C/o KanchiSitaratnam, Somasitha Gardens, Banthi Nagar, Tiruvuru, N.T.R.District-521235. 6. Kanchi Rama Rao, (died) Represented by LRs. 7. ItakulaRatna Madhuri, W/o. Nagabushanam, aged about 58 years, R/o. D. No. 17-1-391/1/1 Saidabad Colony, Subramanya Nagar, Hyderabad. 8. Valisetti Rekha Swapna, W/o. Srinivasa Gopichand, aged about 56 years, R/o. D. No. 2-2-3/A/A/5C-73, Shivam Road, A-G Prama Sai Bhavan, Hyderabad-7. 9. Kanchi Raghu Praveen, S/o. Late Kanchi Rama Rao, aged about 51 years, R/o. D. No. 19-224, Ashok Nagar, Opp; R&B Guest House, Tiruvuru N.T.R. District. 10.Kanchi Ravi Kishore, S/o. Late PeddaRaghavaiah, aged about 61 years, R/o. Opp: to R& B Guest House, Ashok Nagar, Tiruvuru, N.T.R. District. ...Respondents .V -V- v 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 a Writ or order or direction more particularly one in the of WRIT OF MANDAMUS declaring the action of the 2"'^ respondent deciding the appeal filed under rule 17 of the Andhra Pradesh nature in not Regularisation of unapproved Layouts and Plots Rules, 2020 and in granting interim direction as prayed for pending disposal of the appeal, as highly illegal, arbitrary and consequently direct the official respondents to decide the appeal preferred by the petitioner on 29-12-2022 forthwith. not 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 direct the unofficial respondents not to make any constructions in extent of Ac. 3.72 Cents in R.S. No. 193/17 and of NadimiTiruvuru, Tiruvuru Nagara Panchayath, N.T.R. the land of an R.S. No. 194/11 District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI CHALASANI AJAY KUMAR, REPRESENTING SRI G.VIVEKANAND Counsel for the Respondent Nos. 1 to 3: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.4: SRI KOTHAPALLI SAI SRI HARSHA SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.5 to 10: The Court made the following: ORDER V 1 APHC010237602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12104/2024 Between; ...PETITIONER Kunapareddy Radha Rani, AND ...RESPONDENT(S) The Government of Andhra Pradesh and others Counsel for the Petitioner: 1.G VIVEKANAND Counsel for the Respondent{S): 1.KOTHAPALLI SAI SRI HARSHA 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India A seeking the following relief: to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in not deciding the appeal filed under rule 17 of the Andhra Pradesh Regularization of unapproved Layouts and Plots Rules, 2020 and in not granting interim direction as prayed for pending disposal of the appeal, as highly Illegal, arbitrary and consequently direct the official respondents to decide the appeal preferred by the petitioner on 29.12.2022 forthwith...." The case of the petitioner is as follows: 2. a) The petitioner has filed a suit in O.S.No.45/2013 before the learned XV Additional District Judge at Nuzvid against the unofficial respondents and others for partition of the joint family properties, specifically items 1 and 3 of A schedule and B and C schedule properties into 12 equal shares and to deliver vacant possession of one such share to her by evicting the defendants, who are to be found to be in possession of the property that would be allotted to the share of the plaintiff and allot item No.2 of plaint A schedule property to the share of the plaintiff by working out equities and the same is pending for adjudication. Meanwhile, the unofficial respondents along with some other family members started developing land in an extent of Ac.1.82 cents in b) R.S.No.194/11 and land in an extent of Ac.1.90 cents in R.S.No.193/17 of Nadimi Tiruvuru, totaling an extent of Ac.3.72 cents. When the petitionercame % 3 th to know about the same, she submitted a petition on 18.11.2020 to the 4 respondent/commissioner, Tiruvuru Nagar Panchayat, requesting him not to accord any approval for any layout in respect of the above said property. Subsequently, on 10.02.2022 a notice under Section 184 of A.P. Municipalities Act, 1965 was issued to all the parties involved. The petitioner gave a reply on 14.02.2022 stating that she was not involved in making a layout and requested the 4^*^ respondent to take action against the erring persons. On 23.09.2022, the 4**^ respondent issued a public notice calling for objections, and on 24.09.2022, the petitioner submitted objections informing the above said facts and pendency of O.S.No.45/2013 and citing Rule 6(14) of G.O.Ms.No.10 Municipal Administration & Urban Development (M) Department, dated 08.01.2020, which stipulates that any sites under legal litigation/disputes regarding ownership are not eligible for regularization. However, the 4**^ respondent refused to consider her objections, vide endorsement dated 28.11.2022. Questioning the same, the petitioner preferred an appeal under Rule 17 of the Andhra Pradesh Regularization of Unapproved Layouts and Plots Rules, 2020 before the appellate authority i.e. the 2'''' respondent herein on 29.12.2022, seeking a direction to the 4*^ respondent not to approve any building plan or any application received for construction of building in the land to an extent of Ac.3.72 cents in R.S.Nos.193/17 and 194/11 of Nadimi Tiruvuru, Tiruvuru Nagar Panchayat, NTR District. However, no orders have been passed on the appeal till date. 4 Heard learned counsel for the petitioner and the learned counsel 3. appearing for the respondents. Learned counsel for the petitioner brought to the notice of this Court that 4. as per Rule 17(4) of G.O.Ms.No.10 Municipal Administration & Urban Development (M) Department, dated 08.01.2020, all the appeals shall be disposed of within forty five (45) days from the date of receipt of appeal. Therefore, the petitioner requests this Court to direct the respondent authorities to dispose of the appeal dated 29.12.2022, which is pending before the respondent. On the other hand, learned Government Pleader for Municipal 5. Administration and Urban Development appearing for respondent Nos.1 to 3 submits that the respondent authorities will dispose of the appeal dated 29.12.2022. For better appreciation. Rule 17(4) of G.O.Ms.No.10, Municipal Administration & Urban Development (M) Department, dated 08.01.2020, 6. extracted hereunder; “All the appeals shall be disposed off within Forty five (45) days from the date of receipt of appeal.’’ As per Rule 17(4) of G.O.Ms.No.10, Municipal Administration & Urban Development (M) Department, dated 08.01.2020, all the appeals shall be disposed of within 45 days from the date of receipt of the appeal. However, in view of the fact that the appeal is still pending since 2022, instead of going 7. 5 into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition by directing the 2"^ respondent to pass appropriate orders on the appeal preferred by the petitioner dated 29.12.2022 under Rule 17 of Andhra Pradesh Regularization of Unapproved Layouts and Plots Rules, 2020. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/-K.SRiNiVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, Municipal Administration Department, Government of Andhra Pradesh Secretariat Building Complex, Velagapudi, Amaravati, Guntur District. 2. The Chairman, Commissioner & Director of Municipal Administration, Andhra Pradesh, Vaddeswaram, Guntur District. (BY RPAD) 3. The Director of Town & Country Planning, Andhra Pradesh, Mangalagiri, Guntur District. 4. The Commissioner, Tiruvuru Nagar Panchayat, Tiruvuru, N.T.R. District. 5. Kanchi Rajesh, S/o Ramachandra Rao, Aged 47 years, C/o KanchiSitaratnam, Somasitha Gardens, Banthi Nagar, Tiruvuru, N.T.R.District-521235. 6. ItakulaRatna Madhuri, W/o. Nagabushanam, aged about 58 D. No. 17-1-391/1/1 Saidabad Colony, Subramanya Nagar, Hyderabad. years, R/o. W/o. Srinivasa Gopichand, aged about 56 7. Valisetti Rekha Swapna years, R/o. D. No. 2-2-3/NN5C-73, Shivam Road, A-G Prama Sai Bhavan, Hyderabad-7. S/o. Late Kanchi Rama Rao, aged about 51 8. Kanchi Raghu Praveen years, R/o. D. No. 19-224, Ashok Nagar, 0pp. RandB Guest House Tiruvuru N.T.R. District. 9. Kanchi Ravi Kishore, S/o. Late PeddaRaghavaiah, aged about 61 years, R/o. 0pp. to Rand B Guest House, Ashok Nagar, Tiruvuru, N.T.R. District. One CC to Sri G.Vivekanand, Advocate [OPUC] Two CCS to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] One CC to Sri Kothapalli Sai Sri Harsha, SC for ZPP, MPP & Gram Panchayat. [OPUC] Three CD Copies. 10. 11. 12. 13. gi HIGH COURT DATED:24/01/2025 ORDER WP.No.12104 of 2024 1«» FEB 2025 s; ^ Current Section ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS