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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12874 OF 2025 Between: Sri Chigurupati Gandhi, S/o Venkateswarao, Aged 76 years, R/o. D.No.8-167, Saara kottu Road, Gollapudi, Krishna District, Andhra Pradesh - 521225. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its principal secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Andhra Pradesh Capital Region Development Authority APCRDA, Represented by its Commissioner, Vijayawada, N.T.R. District, Andhra Pradesh. 3. The Executive Officer, Grama Panchayat, . Gollapudi, N.T.R. District. 4. Sri Kukkala Shivaji, S/o K. Subba Rao, Aged about 60 D.jsto.8-165, R.S. No.539/1, Gollapudi, Vijayawada Andhra Pradesh. years, R/o N.T.R. District, ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondent Nos.2 and 3 in not considering the representations dated 18.02.2025, 16.04.2025, 30.04.2025 and not initiating action against the illegal constructions made by the respondents No.4 as illegal and ultra
t:..' vires to the provisions of Articies 14, 21 and 300-A of the India, besides being in violation of the Doctrine of principles of natural Justice and contravention of the Development Authority Act, 2014 Corporations Act, 1994 and the Rules framed Constitution of r provisions of the Capital Region and Andhra Pradesh Municipal thereunder consequently direct the respondents No.2 and 3 to initiate action against the illegal constructions raised by the respondents No.4 in his site bearing D.No.8-165, Gollapudi, which is adjacent to the northern side my site. \A No: 1 OF 2a9R 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 Nos.2 & 3 herein to consider representations dated 18.02.2025, 16.04.2025, 30.04.2025 action on the illegal construction of respondents No.4 in his site bearing D.No.8-165, Gollapudi, which is adjacent to the northern side accordance with law, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI VENKAT CHALASANI Counsel for the Respondent No.1: GP FOR PANCHAYAT DEVELOPMENT my and initiate the my site in RAJ & RURAL Counsel for the Respondent No.2: SRI DHEERAJ, REPRESENTING SMT. S. PRANATHI, SC FOR APCRDA Counsel for the Respondent No.3: SRI Y. KOTESWAR RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.4: The Court made the following: ORDER
A I APHC010171012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] ■c THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 12874/2025 Between: ...PETITIONER Chigurupati Gandhi AND The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.VENKATCHALASANI Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following ORDER: Heard Sri Chalasani Venkat, learned counsel for the petitioner; learned Government Pleader for Panchayat Raj, for respondent No.1; Sri Dheeraj,
learned counsel representing Smt. S. Pranathi, learned standing counsel for respondent No.2, and Sri Y. Koteswar Rao, learned counsel for respondent No.3. ...RESPONDENT(S) Notice to respondent No.4 is dispensed with, since no adverse order affecting his rights or interest has been passed. The above writ petition is filed to declare the action of respondents 2 and 3 in not considering the representations dated 18.02.2025, 16.04.2025
2.
3.
✓ and 30.04.2025, made by the petitioner regarding alleged illegal constructions made by respondent No.4 in his site bearing D.No.8-165, Gollapudi, as illegal and arbitrary. r-t-
Learned counsel for the petitioner would submit that respondent No.4%s making construction without leaving the mandatory setbacks, and hence, the petitioner made representations to respondents 2 and
3. However, the respondents are not taking any action.
4.
Learned counsel for respondent No.2 would submit that in pursuance of the representations made by the petitioner, the Town Planning Officer of APCRDA issued notice dated 06.05.2025 under Sections 115(1) and 116(1) read with Section 108, 109 and 110 of the APCRDA Act, 2014, by pointing out the deviations and also stop work order, to respondent No.4. Learned counsel would further submit that respondent No.2 has set the law into motion.
5. A copy of the said notice is handed over to the learned counsel for the petitioner, across the bar.
6. Thus, respondent No.2, in pursuance of the representations made by the petitioner, set the law into motion and issued notice to respondent No.4, as per the procedure.
7. Given the submission of learned counsel for respondent No.2, since the respondent authority set the law in motion, no further adjudication is required in this writ petition. Hence, this writ petition is closed. No costs.
8. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/- A. ViJAYA BABU assistant RfcGiSTRAK //TRUE COPY// To, OFFICER SB
1. Sri Kukkala Shivaji, S/o K. Subba Rao, Aged about 60 D.Jsto.8-165, R.S. No.539/1, Gollapudi, Vijayawada, Andhra Pradesh.
2. One CC to Sri Venkat Chalasani, Advocate [OPUC]
3. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT]
4. One CC to Smt. S. Pranathi, SC for APCRDA. [OPUC]
5. One CC to Sri Y.Koteswar Rao, SC for ZPP, MPP & Gram Panchayat. [OPUC]
6. Three CD Copies. years, R/o N.T.R. District, TF
HIGH COURT DATED:08/05/2025
ORDER WP.No.12874of 2025 * 2 H MAY ?n?S % ^ . Curreni oecuon ."y tofaPAJC^^? ^ CLOSING THE WRIT PETITION WITHOUT COSTS