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APHC010239752025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12729/2025 Between:
1. M TIRUMALA RAO, S/O. (LATE) APPA RAO, AGED ABOUT 61 YEARS, OCC DISTRICT JUDGE/ METROPOLITAN SESSIONS JUDGE (RETD), R/O. D.NO. 1-13/5, SBI COLONY, NEAR SIVAJI PARK, MVP COLONY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
GENERAL ADMINISTARATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNCIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVTHI,GUNTUR DISTRICT. 3. THE CHAIRPERSON OF AP RERA FAC, PRINCIPAL SECRETARY TO GOVERNMENT, MA AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVTHI, GUNTUR DISTRICT. 4. THE AP REAL ESTATE REGULATORY AUTHORITY, AP RERA, 6051, Y TOWER, 1ST LANE, SIDDARTHA NAGAR, PINNAMANENI POLY CLINIC ROAD, VIJAYAWADA, REP. BY ITS AUTHORISED OFFICER
...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 to issue a writ, writ order or direction more particularly one in the nature of WRIT OF CERTIORARI to call for records pertaining and relating to selection of chairperson and 2 members as recommended by the selection committee under Rule 18 (Chapter -VI) of AP Real Estate (Regulation and Development) Rules, 2017 vide Lr. Roc.No. 946/SO/2018 dated V11.02.2024, without filling up the vacancies/appointing the members and issued a fresh notification vide Rc.
No. 939202/11/2025 dated 16.04.2025 by the 3rd respondent is highly illegal, arbitrary, discriminatory and violation of Article 14, 19 and 21 of the constitution of India and contrary to the law laid down in Hon'ble Apex Court in a case of SFIASFII BHUSHAN PRASAD SINGH VERSUS THE STATE OF BIHAR AND OTHERS reported in 2024 INSC 763 and judgment rendered by the Hon'ble High Court of Andhra Pradesh in W. P. No. 8648 of 2019 and batch dated 10.05.2024, hence the impugned notification issued by the 3rd respondent is liable to be set aside/quashed and consequently direct the respondent authorities to fill up the vacancies of member/chairman in pursuance of the recommendations made by the selection committee vide Lr.Roc.No. 946/SO/2018 dated 11.02.2024 and vide Lr.Roc.No. 946/SO/2018 dated 13.02.2024 by considering the case of the petitioner for appointment as the member/chairman of the AP RERA as the petitioner is fully eligible and qualified under the Rule 18 (Chapter -VI) of AP Real Estate (Regulation and Development) Rules, 2017 and to pass IA 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 M. Tirumala Rao, S/o. (Late) Appa Rao, Aged about 61 years, Occ: District Judge/ Metropolitan Sessions Judge (Retd) R/o. D.No. 1-13/5, SBI Colony, Near Sivaji Park, MVP colony, Visakhapatnam, Visakhapatnam District IA NO: 2 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 direct the respondent authorities to consider the case of the petitioner for appointment as member/chairman of AP RERA in view of the recommendations made by the selection committee vide Lr.Roc.No.
946/SO/2018 dated 11.02.2024 and vide Lr.Roc.No. 946/SO/2018 dated 13.02.2024, pending disposal of the above writ petition and to pass Counsel for the Petitioner:
1. VIJAYA KUMAR CH Counsel for the Respondent(S):
1. GP FOR GENERAL ADMINISTRATION
2. S PRANATHI
3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
:: ORDER ::
In pursuance of the letter dated 02.07.2025 addressed to the Registrar (Judicial), learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition. Permission is accorded.
Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 04.07.2025 TVN
59 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12729 OF 2025
Date : 04.07.2025 TVN