APHC010363782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18567/2025 Between: 1. TADALA GANGADHAR RAO, S/O. SATYANARAYANA, AGED 40 YEARS, R/O. D.NO.2-46, CHITRADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE KAKINADA URBAN DEVELOPMENT AUTHORITY, KAKINADA, KAKINADA DISTRICT, REP. BY ITS VICE-CHAIRMAN. 3. KAKINADA MUNICIPAL CORPORATION, KAKINADA, KAKINADA DISTRICT. REP. BY ITS MUNICIPAL COMMISSIONER. 4. JYOTHULA NOOKA RAJU, S/O. LATE CHINA VENKAT RAO, AGED 72 YEARS, OCC EX-COUNSELLOR, R/O. D.NO.1-26, 4TH LANE, GANGARAJU NAGAR, GFCL ROAD, VALASAPAKALA, KAKINADA RURAL MANDAL, KAKINADA, KAKINADA DISTRICT. 5. JYOTHULA VENKATA LAKSHMI, , W/O. NOOKA RAJU, AGED 67 YEARS, OCC HOUSE WIFE, R/O. D.NO.1-26, 4TH LANE, GANGARAJU NAGAR, GFCL ROAD, VALASAPAKALA, KAKINADA RURAL MANDAL, KAKINADA, KAKINADA DISTRICT. 6. JYOTHULA RAJESH, S/O. NOOKA RAJU, AGED 46 YEARS, OCC BUSINESS, R/U. D.NO.1-26. 4TH LANE GANGARAJU NAGAR, GFCL ROAD, VALASAPAKALA, KAKINADA RURAL MANDAL, KAKINADA, KAKINADA DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. B SOMASEKHAR Counsel for the Respondent(S): 1. SOMA RAJU YELISETTI 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The learned counsel appearing for the petitioner submits that the petitioner is apprehending approval of building plan for respondent Nos.4 to 6. It is submitted that the petitioner is the owner of property admeasuring Ac.50 cents, having acquired the same vide an agreement of sale from General Power of Attorney dated 29.05.2010. It is further submitted that the unofficial respondents are also claiming rights over the said property by virtue of gift deed. It is submitted that the petitioner also filed O.S.No.837 of 2023 on the file of the learned IV Additional Civil Judge (Junior Division), Kakinada for permanent injunction which was initially decreed ex parte. Subsequently, the unofficial respondents are filed a petition for setting aside the ex parte decree and the suit is now contested by the petitioner and the unofficial respondents on merits. 2. It is apprehended by the petitioner that the 3rd respondent may consider an application submitted by the unofficial respondents for grant of building permission in the property under rival claim zone between the petitioner and the unofficial respondents. 3. The learned Standing Counsel for the 3rd respondent on written instructions submits that there is no proposal or application for any development permission which is pending consideration or either submitted by respondent Nos.4 to 7 and that the petitioner has approached this Court that based only on an apprehension, which cannot be considered for this Court. 4 4. On these submissions, this Court is of the considered opinion that the petitioner may approach the Court as and when a cause of action arises. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 24.07.2025 SR