Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 20191 (AP)

M/S. GOLD ROCK GRANITES & WAY BRIDGE, PRAKASAM DIST v. MANAGER (AM) & COMMISISONER & E.O. APIICL PRAKASAM DIST &2OT

WP/25206/2013 · 2025-07-08

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010282542013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 4 '*v. j \0 %S\ 'f '■:r / WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE Vy; \ , ■ PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI y WRIT PETITION NO: 25206 OF 2013 Between: M/s. Gold Rock Granites & Way Bridge, Rep. by its Proprietor, Smt. Madala Prameela W/o. Late M. Narasimha Rao, aged 40 years R/o. Plot No. 106, 107, Growth Center Ongole, Prakasam District ...Petitioner AND 1. Manager (AM) Commissioner & E.O, Andhra Pradesh Industrial Infrastructure Corporation Ltd., Zonal Office, Industrial Area Local Authority Gundlapalli, Growth Center, Ongole, Prakasam District 2. Andhra Pradesh Industrial Infrastructure Corporation Ltd, Parisrama Bhavan, Fathemaidan Road, Hyderabad, rep. by its Zonal Manager Zonal Office, Industrial Estate, Nellore 3. Zonal Manager Andhra Pradesh Industrial Infrastructure, Corporation Ltd., Zonal Office, Industrial Estate, Nellore ...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 Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to remove or demolish the way bridge of Ws. Gold Rock Granites, Plot No. 106& 107, Growth Center, Ongole, Prakasam District pursuant to the notice of the respondent dated 2.08.2013 as illegal, arbitrary, without jurisdiction and malafide and consequently restrain the respondents from removing or demolishing the way bridge of the petitioner herein lA NO: 1 OF 2013rWPMP 31090 OF 2013) 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 grant stay of all further proceedings regarding the removal or demolition of the Way Bridge of Ws. Gold Rock Granites, Plot No. 106 & 107, Growth Center, Ongole, Prakasam District pursuant to the notice of the 1st respondent dated 02.08.2013, pending disposal of the main writ petition lA NO: 1 OF 2014rWVMP 3423 OF 20141 Between: 1. Manager (AM) Commissioner & E.O, Andhra Pradesh Industrial Infrastructure Corporation Ltd., Zonal Office, Industrial Area Local Authority Gundlapalli, Growth Center, Ongole, Prakasam District 2. Andhra Pradesh Industrial Infrastructure Corporation Ltd, Parisrama Bhavan, Fathemaidan Road, Hyderabad, rep. by its Zonal Manager Zonal Office, Industrial Estate, Nellore 3. Zonal Manager Andhra Pradesh Industrial Infrastructure, Corporation Ltd., Zonal Office, Industrial Estate, Nellore ...Petitioners/Respondents No.1 to 3 AND 1. M/s. Gold Rock Granites & Way Bridge, Rep. by its Proprietor, Smt. Madala Prameela W/o. Late M. Narasimha Rao, aged 40 years R/o. Plot No. 106, 107, Growth Center Ongole, Prakasam District ...Respondent/Writ Petitioner 2. P Bala Bhaskar Reddy, S/o. Ramachandra Reddy, Aged about 45 rrfvL^h P'°' No, 303 to 310 Gowth Centre, Ongole, Prakasam District • ..Respondent/4*'’ Respondent/Proposed Respondent 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 vacate the interim orders passed on 14.10.2014 in WPMP No. 38226 in WP No. 30573/2014 by this Hon'ble Court and to dismiss the writ petition in the interest of the justice Counsel for the Petitioner: SRI I GOPAL REDDY Counsel for the Respondents: SRI P ROY REDDY Counsel for the Respondent No.2: The Court made the following order: SRI RAMA CHANDRA RAO GURRAM APHC010282542013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25206/2013 Between: 1.M/S. GOLD ROCK GRANITES & WAY BRIDGE, PRAKASAM DIST, REP. BY ITS PROPRIETOR, SMT. MADALA PRAMEELA W/0. LATE M. NARASIMHA RAO, AGED 40 YEARS R/0. PLOT NO. 106, 107, GROWTH CENTER ONGOLE, PRAKASAM DISTRICT i ...PETITIONER AND 1. MANAGER AM COMMISISONER E O APIICL PRAKASAM DIST 20T, INFRASTRUCTURE CORPORATION LTD., ZONAL OFFICE, INDUSTRIAL AREA LOCAL AUTHORITY GUNDLAPALLI, GROWTH CENTER, ONGOLE, PRAKASAM DISTRICT ANDHRA PRADESH INDUSTRIAL 2.ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE CORPORATION LTD, PARISRAMA BHAVAN, FATHEMAIDAN ROAD, HYDERABAD, REP. BY ITS ZONAL MANAGER ZONAL OFFICE, INDUSTRIAL ESTATE, NELLORE 3.ZONAL MANAGER ANDHRA PRADESH INDUSTRIAL INFRASTRUCTURE, CORPORATION LTD., ZONAL OFFICE, INDUSTRIAL ESTATE, NELLORE ...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 tolssue a Writ, Order or Direction more particularly one in the nature of Wrif of Mandamus, declaring the action of the respondents in trying to 2 remove or demolish the way bridge of Ws. Gold Rock Granites Plot No 106 & 107, Growth Center, Ongole, Prakasam District pursuant to the notice of the 1g respondent dated 2.08.2013 as illegal, arbitrary, without jurisdiction and malafide and consequently restrain the respondents from removing demolishing the way bridge of the petitioner herein and pass lA NO: 1 OF 2013(WPMP 31090 OF 201.-^ or in thoPetition under Section 151 CPC ^ • praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court grant stay of all further proceedings regarding the removal Way Bridge of Ws. Gold Rock Granites, Ongole, Prakasam District may be pleased to or demolition of the Plot No. 106 & 107, Growth Center, .. r^otice of the 1st respondent dated 08.2013, pending disposal of the main writ petition, and pass lA NO: 2 OF 2013fWPMP 34906 OF 201 Petition under Section 151 CPC in tho offvi ^ ■ praying that in the circumstances stated mlldm , may be pleased implead the petitioner as 4th respondent in W.P.No.25206/2013 and pass [A NO: 4 OF 2013rWPMP 137630 OF 701 in thnPetition under Section 151 CPC ffvi ^ ■ praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased lA NO: 5 OF 2013(WPMP 138786 OF 201.-^ Petition under Section 151 CPC in thn x-i .u ■ praying that in the circumstances stated in the affidavit filed in support of the petition, the high Court may be pleased lA NO: 1 OF 2014fWVMP 3423 OF 2014 in fhn^t'r «>cumstances stated in the affidavit filed in support of the petition, the High Court may be pleased vacate the interim orders passed on 14.10.2014 in WPMP No. 38226^ No. 30573/2014 by this Hon'ble Court and interest of the justice Counsel for the Petitioner: 1.1 GOPAL REDDY Counsel for the Respondent(S): 1.HARIJA AKKINENI in WP to dismiss the writ petition in the 3 2. RAMA CHANDRA RAO GURRAM 3.P ROY REDDY The Court made the following ORDER: Heard Sri I.Gopal Reddy, learned counsel for the petitioner and Ms.Tanmayi Krishna, learned counsel representing Sri Ramachandra Rao Gurram, learned counsel for the respondents. 2. The above writ petition has been filed to declare the action of the respondents in trying to remove and demolish the way bridge of M/s. Gold Rock Granites, Plot Nos 106 & 107, Growth Centre, Ongole, Prakasam District, constructed by the petitioner in pursuance of notice vide No.M(AM)/APIIC/GC-OGL/P.No.106 & 107/2004/ dated 02.08.2013 issued by the 1®' respondent as illegal and arbitrary. Learned counsel for the petitioner would submit that one Madala Narasimha Rao allotted plot Nos 106 and 107 admeasuring 6985 sq.yards in Sy.No.263, Growth Centre, Ongole, Prakasam District in pursuance of an agreement of sale dated 19.10.2005. The said Narasimha Rao applied to the APIIC Ltd., Ongole, seeking permission for the construction of a Way Bridge in the plots allotted to him, and accordingly, permission was granted on 26.03.2011. After the demise of said Narasimha Rao, the deponent/ Proprietrix of the petitioner applied for ownership. The Manager, APIIC Ltd., Ongole, by proceedings No.P.No. 106 & 107/APIIC-IALA/GC-Ongole/2005 dated 13.12.2011, passed necessary orders. 3. 4. Be that as it may, notice dated 02.08.2013 (Ex.P.1) was issued stating that the Manager visited the unit on 05.08.2013 along with Deputy Zonal Manager (Engg) and found encroachment and further directed to remove the encroachment within seven (7) days. The petitioner made a representation dated 16.08.2013 requesting to conduct a fresh survey. As per the said representation, the respondent authorities, without conducting a survey, are trying to demolish the way-bridge. 4 5, The writ petition was admitted on 28.08.2013 and an interim order passed in WPMP No.31090 of 2013 directing the APIIC joint survey with the help of the was Ltd., to undertake a revenue officials in the presence of the authorized representative of the petitioner I distance between the sanctioned road and the concern, to determine the actual j existing way bridge, and to take necessary action only after the joint survey. A counter-affidavit was filed 5. on behalf of the respondents alleging the encroachments said to have been made by the petitioner. As per the joint inspection report, the joint survey was conducted on 17.01.2014 at 3.00 PM. As per the joint inspection report, the petitioner encroached 5 feet 5 inches was also filed. on the north side of the way bridge. A copy of the report No reply was filed to the denying the joint survey conducted on 17.01.2014. 6. counter-affidavit filed by the respondents 7. When the matter is taken up for consideration , on the instructions of the submit that the petitioner feet 5 inches as per the joint two (2) months. The petitioner, learned counsel for the petitioner would will remove the encroached triangle portion of 5 survey conducted on 17.01.2014 within same is recorded. 8. Given the facts and ci^'rcumstances of the case, the Writ Petition i disposed of, directing the respondents (2) months regarding the IS not to take any coercive steps for two encroached portion, as per the joint survey report. If _ encroached portion, it is open to the spondents to act as per law. No order as to costs. the petitioner fails to As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Manager (AM) Commissioner E.O, APIICL, Andhra Pradesh Industrial infrastructure Corporation Ltd., Zonal Office, Industrial Area Local Authority Gundlapalli, Growth Center, Ongole, Prakasam District Iff? 2. The Zonal Manager, Andhra Pradesh Industrial Infrastructure Corporation Ltd, Parisrama Bhavan, Fathemaidan Road, Hyderabad, Zonal Office, Industrial Estate, Nellore Zonal Manager Andhra Pradesh Industrial Infrastructure, Corporation Ltd., Zonal Office, Industrial Estate, Nellore One CC to SRI I GOPAL REDDY Advocate [OPUC] One CC to SRI RAMA CHANDRA RAO GURRAM Advocate [OPUC] One CC to SRI P ROY REDDY Advocate [OPUC] Two CD Copies 3. 4. 5. 6. 7. gsg i <1 HIGH COURT DATED: 09/07/2025 ORDER WP NO. 25206 OF 2013 o g 10 SEP 2025 . Current Section ~ DISPOSING THE WP WITHOUT COSTS