APHC010330702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19910 OF 2022 Between: 1. Kapuganti Venkata Chalamaiah, S/o. Late Seshaiah, Aged 68 years, Occ: Business, R/o. D. No. 9-27, Nalajalamma Street, Gudur Town, Tirupathi District. 2. Kapuganti Satyavathi, , W/o.Chalamaiah, Aged 62 years, Occ: House wife, R/o. D. No. 9-27, Nalajalamma Street, Gudur Town, Tirupathi District. 3. Paluri Srinivasulu, S/o. Late Chenchaiah, Aged 46 years, Occ: Business, R/o. D. No. 9-27, Mandapala Veedhi, Nellore, S.P.S.R. Nellore District. ...Petitioners AND 1.The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Nellore Municipal Corporation, Rep by its Commissioner, S.P.S.R.Nellore District at Nellore. 3. The City Planner, Nellore Municipal Corporation, Nellore, S.P.S.R.Nellore District. 4. The Deputy City Planner, Nellore Municipal Corporation, Nellore, S.P.S.R.Nellore 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, in converting petitioners' private landed property admeasuring Ac. 1.58 cents covered by Sy.Nos. 345/BI, 345/C of Nellore Bit-1, Kondayapalem Village, Nellore Town and Mandal, S.P.S.R.Nellore District as OPEN SPACE and endorsement in Roc. No. 320147/2019/SUPDT(G SEC)-NMC, dt. 20.11.2019 issued by 4th respondent, as illegal, irregular, irrational and violative of principles of natural justice and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' said land by recording the petitioners' land as their own land for all purposes in the records of respondents after deleting from Open Space category and master plans. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of endorsement in Roc. No. 320147/2019/SUPDT(G SEC)-NMC, dt. 20.11.2019 issued by 4*^ respondent and consequently direct the respondents to restore the entries in Municipal records by reconverting petitioners' private landed property admeasuring Ac. 1.58 cents covered by Sy.Nos. 345/BI, 345/C of Nellore Bit-1, Kondayapalem Village, Nellore Town & Mandal, S.P.S.R.Nellore District from Open Space to Private landed property of petitioners. Counsel for the Petitioners: M/s. NIMMAGADDA REVATHI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI A. S. C. BOSE, SC FOR MUNICIPALITY The Court made the following order: APHC010330702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19910/2022 Between: 1.KAPUGANTI VENKATA CHALAMAIAH, S/0. LATE SESHAIAH, AGED 68 YEARS, OCC . BUSINESS, R/0. D. NO. 9-27, NALAJALAMMA STREET, GUDUR TOWN, TIRUPATHI DISTRICT. 2.KAPUGANTI SATYAVATHI, , W/O.CHALAMAIAH, AGED 62 YEARS, OCC . HOUSE WIFE, R/0. D. NO. 9-27, NALAJALAMMA STREET, GUDUR TOWN, TIRUPATHI DISTRICT. 3.PALURI SRINIVASULU, S/0. LATE CHENCHAIAH, AGED 46 YEARS, OCC. BUSINESS, R/0. D. NO. 9-27, MANDAPALA VEEDHI, NELLORE, S.P.S.R. NELLORE DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS GOVERNMENT, URBAN SECRETARIAT, PRINCIPAL SECRETARY TO MUNICIPAL ADMINISTRATION AND DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2 2.NELL0RE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, S.P.S.R.NELLORE DISTRICT AT NELLORE. 3.THE CITY PLANNER, CORPORATION DISTRICT. NELLORE MUNICIPAL S.P.S.R.NELLORE NELLORE, 4.THE DEPUTY CITY PLANNER, NELLORE MUNICIPAL NELLORE, CORPORATION DISTRICT. S.P.S.R.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 toto issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, in converting petitioners' private landed property admeasuring Ac. 1.58 cents covered by Sy.Nos. 345/B1, 345/C of Nellore Bit-1, Kondayapalem Village, Nellore Town and Mandal, S.P.S.R.Nellore District as OPEN SPACE and endorsement in Roc. No. 320147/2019/SUPDT(G SEC)-NMC, dt. 20.11.2019 issued by 4th respondent, as illegal, irregular, irrational and violative of principles of natural justice and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere in any manner with the petitioners' said land by recording the petitioners' land as their own land for all purposes in the records of respondents after deleting from Open Space category and master plans lA NO: 1 OF 2022 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of endorsement in Roc. No. 320147/2019/SUPDT(G SEC)-NMC, dt. 20.11.2019 issued by 4th respondent and consequently direct Petition under Section 151 CPC 3 the respondents to restore the entries in Municipal records by reconverting petitioners' private landed property admeasuring Ac. 1.58 cents covered by Sy.Nos. 345/BI, 345/C of Nellore Bit-1, Kondayapalem Village, Nellore Town & Mandal, S.P.S.R.Nellore District from Open Space to Private landed property of petitioners and pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHl Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.19910of 2022 O R DE R: The present writ petition is filed questioning the action of Respondents in converting the property of Petitioners admeasuring Ac. 1.58 cents covered in Sy.Nos.345/BI and 345/C of Nellure Bit-1, Kondayapalem Village, Nellore Town as open and endorsement in space issuing dated 20.11.2019 Roc.No.320147/2019/SUPDT(G SEC)-NMC as irregular and unsustainable. The grievance of the Petitioners in filing the writ petition is 2. as follows: The Petitioners are the absolute owners of land admeasuring Ac.2.01 cents in Sy.Nos.345/BI, 345/C, 345/A1, 345/C, 341/1A and 340/1 of Kondayapalem Village, Nellore having purchased the same under five registered sale deeds dated 23.10.1986, 24.10.1986 and 13.07.1987. Out of the said extent, an extent of Ac.0.43 cents in Sy.Nos.345/A1, 345/C, 345/1A and 340/1 was purchased by 1®‘ Petitioner under a registered sale deed dated 13.07.1987 vide document No.3633/1987. While so, an extent of Ac.0.43 cents was taken 2 possession in the year 1992 by Respondent No.2, for formation of Road without initiating any land acquisition proceedings. The Petitioners then filed W.P.No.19316 of 2006 3. questioning the same and the same was disposed of on 19.04.2007 directing the Respondents to initiate land acquisition proceedings and pay compensation to the Petitioners within a period of six months and the same was confirmed in Writ Appeal No.964 of 2008 by order dated 24.12.2008. While so, the balance extent of Ac. 1.58 cents of the above mentioned property of the Petitioners was treated as open space as per the master plan of Nellore Town issued by G.O.Ms. No.11 dated 07.01.2011. Hence, the present writ petition is filed. Learned Standing Counsel for the Respondent Municipal 4. Corporation would, submit that as per the latest master plan issued by G.O.Ms.No.50 dated 26.03.2025, the land in question was shown as residential purpose. 5. In view of the same, the cause in the writ petition does not survive and the writ petition is closed with liberty to the Petitioners to file writ petition in case the land in question is again shown as 3 open space. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 2. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 3. One CC to Sri A. S. C. Bose, SC for Municipality [OPUC] 4. Two CD Copies Cnr HIGH COURT DATED:11/07/2025 ORDER WP NO. 19910 OF 2022 SI 2'iJUL 2025 09 ^SCminlSecto^^^ CLOSING THE W.P. WITHOUT COSTS