i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15697 OF 70^d Between: Gottumukkala Satyanarayana Raju, S/o. G. Sitarama Raju, Hindu, Male, Aged: 54 years, R/o, H.No.9-17-21, C.B.M. Compound, Visakhapatnam- 530 003. ...PETITIONER AND 1. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 2. The Govt, of Andhra Pradesh, Municipal Administration, Rep. by its Principal Secretary, Secretariat Building, Hyderabad. 3. Sri Varaha Laxmi Narasimha Swamy Devasthanam, rep. by its Executive Officer, Simhachalam, Visakhapatnam District. (R3 is impleaded as per Court order dated 17/06/2014 in WPMP No.20234/2014) ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, order or direction may more particularly one in the nature of Writ of Mandamus declaring the impugned endorsement of the 1st respondent in BA No. 15336/2013/ACP-II/G2, dt; 5-12-2013 returning the building application unapproved with a direction to produce Certificate from Simhachalam Devasthanam regarding the petitioner plot No. 192 in a Clearance an extent of 359 sq. yards situated Sy No.7(p) of Resapuvanipalem in revised layout LP No. 19/1992 of Srinivasa Co- i operative House Building Society Limited arbitrary, capricious and Visakhapatnam as illegal, unwarranted and it is violative of principles of natural justice and also violative of Article 21 Article 300-A of Constitution of India of Constitution of India and consequently to direct the 1®* permission on his application dt: Hon'ble Court. and respondent to grant the building 19-11-2013 within the time stipulated by this LA. NO: 1 OF 2014fWPMP NO: 194fi4 of 2014) Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances m support of the petition, the High Court may be respondent No.1 to consider grant of building permission on petitioner's building application dt; No. 192 in 19-11-2013 for his plot sq. yards situated Sy No.7(p) of Resapuvanipalem in revised layout LP No. 19/1992 of Srinivasa operative House Building Society Limited Visakhapatnam of the writ petition and subject to the an extent of 359 Co pending disposal result of Writ petition. Counsel for the Petitioner: M/s. KAIKALA RAMA KIREETI Counsel for the Respondent No.1: SRI A. S. C. BOSE (SC FOR municipal CORPORATIONS) GP FOR MUNICIPAL administration and urban development SRI JAGDISH KUMAR, SC FOR Counsel for the Respondent No.2; Counsel for the Respondent No.3; ENDOWMENTS The Court made the following; ORDER s/ > \ APHC010354382014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SjiiH [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15697/2014 Between; Gottumukkala Satyanarayana Raju ...PETITIONER AND ...RESPONDENT(S) The Greater Visakhapatnam Municipal Corporation and Others Counsel for the Petitioner: 1. KAIKALA RAMA KIREETI Counsel for the Respondent(S); 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP FOR MUNCIPAL ADMN AND URBAN DEV 3.ESAMBASIVAPRATAP The Court made the following: !'■ ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue a Writ, order or direction, more particularly one In the nature of Writ of Mandamus declaring the impugned endorsement of the 1st respondent in BA No. 15336/2013/ACP-II/G2, dt: 5-12-2013 returning the building application unapproved with a direction to produce a Clearance Certificate from Simhachalam Devasthanam regarding the petitioner plot No.192 in an extent of 359 sq. yards situated Sy No.7(p) of Resapuvanipalem in revised layout LP No. 19 /1992 of Srinivasa Co operative House Building Society Limited Visakhapatnam as Illegal, arbitrary, capricious and unwarranted and it is violative of principles of natural justice and also violative of Article 21 of Constitution of India and Article 300 -A of Constitution of India and consequently to direct the 1st respondent to grant the building permission on his application dt: 19-11- 2013 within the time stipulated by this Hon'ble Court..." The petitioner herein claims to be the owner of plot No.192 in an extent of 359 square yards situated in Sy.No.7(p) of Resapuvanipalem, Visakhapatnam having purchased the same vide a registered sale deed dated 13.08.1990 and since then, the petitioner herein is in possession and enjoyment of the same. The petitioner has constructed a small shed which allotted door No.50-1-60/1/3 and thereafter, the petitioner with an intention to construct a residential building has submitted an application dated 19.11.2013 to the 1®* respondent herein, which was returned unapproved vide endorsement dated 05.12.2013 stating that the survey number is not tallying with the one on ground and that it falls in Sy.No.275 of Adavivaram, thus directed the petitioner to produce a clearance certificate from Simhachalam Devasthanam, Visakhapatnam. Aggrieved by the same, the petitioner has filed the present writ petition. 2. was The respondent herein has filed that the land in plot No. 192 of the petitioner is adjacent to Sy.No.275 of Adiviraram village and a small part of it falls into Sy.No.275 which belongs the 3"'^ respondent herein. With the property said to have been situated in 3. a counter affidavit stating to support of the sale deeds in respect of the Sy.No.7 of Resapuvanipalem village, the petitioner is trying to encroach into the appurtenant land covered by Sy.No.275 of Adavivaram Village. Hence requested to dismiss the petition. writ 4. Heard learned counsel for the learned Standing Counsel for respondent learned Standing Counsel for respondent No.2 petitioner, Sri. A.S.C. Bose No.1 and Sri. Jagdish Kumar 5. Today when the writ petition counsel for the petitioner has produced a came up for hearing, learned ^ copy of the endorsement issued by the 3“ respondent wherein it is stated that in pursuance of the application made by the petitioner, the surveyors have surveyed the subject land and informed that the petitioner's land is in Sy.No.7 of Resepuvani palem and not in Sy.No.275 of Adivivaram. As such, the warning board at the plot of the petitioner was removed and the said board was put up at the temple site in Sy.No.275. 6. It can be seen from the material available on record that the constructing respondent authorities have surveyed the a conclusion that the petitioner’s land is in Sy.No.7 of Resepuvani palem but not in Sy.No.275 of Adivivaram. petitioner has submitted an application seeking permission for building, subsequent to which the land and came to 7. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioner herein to submit a fresh application duly enclosing the endorsement issued by the 3'“ respondent vide R.C.No.Spandana/24/2022 and as well as t $ the documents to prove his right over the said property within a period of one which shaii be considered by respondent No.2, in accordance with (1) week law. Accordingly, with the above direction, this writ petition is 8. disposed of. No costs. sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/- M SRiNIVAS ASSISTANT REGISTRAR As a //TRUE COPY// SECTION OFFICER To, 1. The Commissioner, Greater Visakhapatnam Municipai Corporation Visakhapatnam. Municipal Administration, Govt, of Andhra Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Principal Secretary Pradesh 3. One CC to M/s. Kaikala Rama Kireeti, Advocate [OPUC] (SC for Municipal Corporations)[OPUC] Sri Jagdish Kumar, SC for EndowmentsfOPUC] 4. One CC to Sri A. S. C. Bose 5. OneCCto 6. Two CCS to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb / HIGH COURT DATED: 13/02/2025 ^?AND7y^5>^ S' 12 MAR 2025 g lO Curreni osciion ^_J ^ "espATCW®^ ORDER WP.No.15697 of 2014 DISPOSING OF THE W.P. WITHOUT COSTS