APHC010262622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) j \ TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13110 OF 2024 Between: Dasari Veerabhadra Srinivas, S/o Late Bhadra Rao, Aged about 43 years, R/o. D.No.8-32, Boddu Swami Street, Payakaraopeta, Anakapalli District. ...Petitioner AND 1. The State of Andhra Pradesh, Panchayat Raj Department, Secretariat Building, Secretariat, Velagapudi, Amaravati, Guntur District. Rep. by its Principal Secretary. 2. The Commissioner, Panchayat Raj Department, State of Andhra Pradesh, Tadepalli, Guntur District. 3. The District Panchayat Officer, Anankapalli District. 4. The Payakaraopeta Gram Panchayat, Payakaraopeta Village and Mandal, Anakapalli District, Rep. by its Secretary. 5. Visakhapatnam Metropolitan Regional Development Authority, Udyoga Bhavan, Siripuram, Visakhapatnam (VMRDA), Rep. by its Metropolitan Commissioner. 6. Dasari Venkata Adi Satya Surya Nagamani, W/o. Sri Srirama Murthy, aged about 70 years, Occ: Housewife, R/o. House No. 10-16-76, Anakapaili-531 002. 7. Dasari Veera Raghava Kumari, W/o Sri Gavara Raju, Aged- 68 Occ: 126, years, Housewife, R/o. H.No.6-24, Pattu Sail Street, Payakaraopeta-531 Anakapalli District. 8. Dasari Vasavi, W/o. Sri Sanyasi Rao, Housewife, Hindu, aged- 63 years, No.20-58, Brundavanam Street, Payakaraopeta, Anakapalli District-531 126. Occ: R/o. Door 9. Dasari Srinivasa Rao, S/o. Nookayya Sheeti Occ: Aged about 48 years, Busienss, R/o D.No.20-59, Brundavanam Street, Payakaraopeta- 531 126, lO.Dasari Bulli Venkata Raju, S/o. Sri Nookayya Shetti years, Occ: Business, R/o. D.No.20-59, Payakaraopeta-531126, Anakapalli District. Anakapalli District. Aged about 42 Brundavanam Street, ...Respondents 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, order or a direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents No.3 to 5 in not acted upon pursuant to the Provisional Order issued in Rc.No.VMRDA- 11025(33/32/2023/11 (e-2190174), dated 11.6.2024 U/Sec.82, 83, 88 and 89 (1) and (2) of A.P. Metropolitan Regional and Urban Development Authorities Ac, 2016 against the illegal and unauthorized construction of shopping Sy.No.137/1A, Sy.No. 137/IB to an extent of 4090.36 Sq. meters of Payakaraopeta Village and Mandal, Anakapalli District, without obtaining any permissions from the 5th respondent-VMRDA is highly illegal, arbitrary, contrary to the provisions of the A.P. Metropolitan Regional Development Authorities Ac, 2016 and consequently direct the No.5 to take steps to pass orders in terms of Sec.89 of the A.P. Metropolitan Regional And Urban Development Authorities Ac, 2016. complex undertaken by the respondent No.6 to 10 in unconstitutional and And Urban respondent 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 may be pleased to direct the respondent No.5 to take steps to pass orders in terms of Sec.89 of the A.P. Metropolitan Regional And Urban Development issued in pursuant to the Provisional Order, Authorities Ac, 2016 Rc.No.VMRDA-11025( 33/32/2023/L1 (e-2190174). dated 11.6.2024 pending disposal of the writ petition. Counsel for the Petitioner: SRI V. V. N. NARAYANA RAO Counsel for the Respondent Nos.1 to 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAST Counsel for the Respondent No.5 : SRI SOMISETTY GANESH BABU, SC For VUDAand MUDA Counsel for the Respondent Nos.6 to 11 : SRI N. SIVA REDDY The Court made the following order: 1 HN, J W.P.No.13110 2024 APHC010262622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13110/2024 Between: 1.DASARI VEERABHADRA SRINIVAS, S/0 LATE BHADRA RAO AGED ABOUT 43 YEARS, R/0 D.NO.8-32, BODDU SWAMI STREET PAYAKARAOPETA, ANAKAPALLI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ SECRETARIAT BUILDING, SECRETARIAT, REP. BY ITS DEPARTMENT, VELAGAPUDI, AMARAVATL, GUNTUR DISTRICT. PRINCIPAL SECRETARY. 2. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, ANANKAPALLI DISTRICT. 4. THE PAYAKARAOPETA GRAM PANCHAYAT, PAYAKARAOPETA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, REP. BY ITS SECRETARY. 5. VISAKHAPATNAM METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY, UDYOGA BHAVAN, SIRIPURAM, VISAKHAPATNAM (VMRDA), REP. BY ITS METROPOLITAN COMMISSIONER. 6. DASARI VENKATA ADI SATYA SURYA NAGAMANI, W/0 SRI SRIRAMA MURTHY, AGED ABOUT 70 YEARS, OCC- HOUSEWIFE, R/O HOUSE NO. 10-16-76, ANAKAPALLI-531 002. 2 HN,J W.P.No.13110 202^,^ DASARI VEERA RAGHAVA KUMARI, W/0 SRI GAVARA RAJU, AGED- 68 YEARS, OCC-HOUSEWIFE, R/0 H.NO.6-24, PATTU SAIL STREET, PAYAKARAOPETA-531 126, ANAKAPALLI DISTRICT. 7. DASARI VASAVI, W/0 SRI SANYAS I RAO, YEARS, OCC-HOUSEWIFE, R/0 DOOR NO.20-58, BRUNDAVANAM STREET, PAYAKARAOPETA, ANAKAPALLI DISTRICT-531 126. HINDU, AGED- 63 8. DASARI SRINIVASA RAO, S/0 NOOKAYYA SHEETI, AGED ABOUT 48 YEARS, OCC-BUSIENSS, R/0 D.NO.20-59, BRUNDAVANAM STREET, PAYAKARAOPETA-531 126, ANAKAPALLI DISTRICT. 9. 10.DASARI BULLI VENKATA RAJU, S/0 SRI NOOKAYYA SHETTI, AGED ABOUT 42 YEARS, OCC-BUSINESS, R/0 D.NO.20-59, BRUNDAVANAM STREET, PAYAKARAOPETA-531 126, ANAKAPALLI DISTRICT. ...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 tomay be pleased to issue a writ, order or a direction particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents No.3 to 5 in not acted upon pursuant to the Provisional Order issued in Rc.No.VMRDA-11025(33/32/2023/L1(e-2190174), dated 11.6.2024 U/Sec.82, 83, 88 and 89 (1) and (2) of A.P. Metropolitan Regional and Urban Development Authorities Ac, 2016 against the illegal and unauthorized construction of shopping complex undertaken by the respondent No.6 to 10 in Sy.No.137/1 A, Sy.No.137/IB to an extent of 4090.36 Sq. meters of Payakaraopeta Village and Mandal, Anakapalli District, without obtaining any permissions from the 5th respondent-VMRDA is highly illegal, arbitrary, unconstitutional and contrary to the provisions of the A.P. Metropolitan Regional And Urban Development Authorities Ac, 2016 and consequently direct the respondent No.5 to take steps to pass orders in terms of Sec.89 of the A.P. Metropolitan Regional And Urban Development Authorities Ac, 2016 and to pass lA NO: 1 OF 2024 more 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 may be pleased to direct the respondent No.5 to take steps to pass orders in terms of Sec.89 of the A.P. Metropolitan Regional And Urban Development 3 HN, J W.P.No.l3110_2024 pursuant to the Provisional Order , issued in Authorities Ac, 2016 Rc.No.VMRDA-11025( 33/32/2023/L1 (e-2190174). dated 11.6.2024 pending disposal of the writ petition and to pass lA 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 pleased to grant leave to file counter affidavit on behalf of the Respondent Nos. 6 to 10 in the present writ petition bearing W.P.No. 13110 of 2024 lA 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 may be pleased to grant Leave to the Respondent No.5 to file the Counter Affidavit in W.P.No.13110 of 2024 and pass Counsel for the Petitioner: 1.VVN NARAYANA RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2.N SIVA REDDY 3.Somisetty Ganesh Babu SC For VUDA and MUDA pass 4 HN,J W.P.No.13110 2024 The Court made the following Order: 1. The petitioner is aggrieved by the inaction on the part of the respondent Nos.3 and 4 in not acting upon pursuant to the provisional order dated 11.06.2024, issued against the alleged illegal and unauthorized construction of a shopping complex by respondent Nos.6 to 10. 2. It is submitted that the petitioner is a Ward Member of the Gram Panchayat and is aggrieved by the inaction on the part of respondent Nos.2 to 5 in passing a final order/confirmation order against the unauthorized constructions undertaken by the respondent Nos.6 to 10. 3. The learned counsel appearing for the respondent submits that a detailed counter-affidavit has been filed, and draws the attention of this Court It is stated that respondent Nos.6 to 10 have submitted a representation dated 18.06.2024 to the 5*^ respondent seeking regularization of the constructions commenced without any sanction plan. It is further stated in the counter-affidavit that subject to the respondent Nos.6 to 10 paying a penalty equivalent to 33% of the charges and fees, there is a provision under the Andhra Pradesh Panchayat Raj Act, 1994, and the Andhra Pradesh Gram Panchayat Land Development Layout and Building Rules, 2002, enabling the 5^'^ respondent to regularize such constructions. to the averments therein. 4. The learned counsel appearing for the respondent Nos.6 to 10 submits that the respondents have paid the compounding charges amounting to 33% as levied by the 5*^ respondent. However, on account of the pendency of the 5 W.P.No.l3110_20^ present writ petition, no further orders have been passed by the 5 respondent. 5. Heard the learned counsel for the petitioner, the learned counsel appearing for the respondents, and perused the record. 6. Considering that Section 90-A of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, permits the regularization and clearance of buildings constructed without sanctioned plans, further orders in this regard shall be passed by the respondent after due verification of the documents submitted by respondent Nos.6 to 10 and upon confirming the payment of required charges and compliance with the statutory conditions. 7. With these observations, this writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Cd/. A VUAYA BABU assistant REGISTRAR ^ OFFICER //TRUE COPY// SEC To, 1. The Principal Secretary, State of Andhra Pradesh, Panchayat Raj Building, Secretariat, Velagapudi, Amaravati, Department, Secretariat Guntur District. 2. The Commissioner, Panchayat Raj Department, State of Andhra Pradesh, Tadepalli, Guntur District. 3. The District Panchayat Officer, Anankapalli District. 4. The Secretary, Payakaraopeta Gram Panchayat, Payakaraopeta Village and Mandal, Anakapalli District. 'V 5. The Metropolitan Commissioner Visakhapatnam Metropolitan Regional Development Authority, Udyoga (VMRDA). 6. One CC to Sri V. V. N. Narayana Rao, Advocate [OPUC] 7. Two CCS to GP for Panchayat Raj Rural Development, High Court of Andhra Pradesh [OUT] 8. One CC to Sri N. Siva Reddy, Advocate [OPUC] 9. One CC to Sri Somisetty Ganesh Babu SC for VUDA &MUDA 10. One CC to Sri Y. Koteswara Rao, SC for Gram 11. Two CD Copies Bhavan, Siripuram, Visakhapatnam [OPUC] Panchayat [OPUC] Cnr HIGH COURT DATED:22/07/2025 ORDER WP NO. 13110 OF 2024 R isl S( I ( SEP 2025 V^vgljiwiil StcOoii^C'^ ^<££eiTcss^^ DISPOSING OF THE W.P. WITHOUT COSTS