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2025 DAILYLAW 28100 (AP)

Beere Varalakshmi, v. The State of Andhra Pradesh,

WP/21059/2024 · 2025-02-07

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY | TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21059 OF 2024 ii Between: 1. Beere Varalakshmi, W/o. Beere Yerri Swasmi, Age: 53 years, R/o. 5- 537, Sanjay Nagar, Dharmavaram, Sri Satya Sai District. 2. K. Chowdaiah, S/o. K. Kristappa, Age; 53 years, R/o. D.No.11-542, Sale Street, Dharmavaram, Sri Satya Sai District. 3. Beere Lakshmi, W/o. Beere Nageshwar Rao, Age; 38 years, R/o. 5-538, Sanjay Nagar, Dharmavaram, Sri Satya Sai Distiict. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. Anantapuramu-Hindupur Urban Development Authority(AHUDA), Rep. by it's Vice Chairman, Collector Bungalow Road, Anantapuramu, Anantapuramu District. 3. The Dharmavaram Municipality, Dharmavaram, Rep. by its Commissioner, Dharmavaram, Ananatapuramu 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 the respondents in not kept open a copy of approved Master Plane for perusal of the public is illegal, arbitrary, contrary to the principles of natural justice and violation of G.O. MS. No. 39, MA & UD(II) department, dated 06.03.2024 Art 14, 21 and 300 A of the Constitution of India, and the respondents to kept open a copy of approved Master Plane for of the public and consider the objections if any. also offends consequently direct perusal 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 to direct the respondents to kept open a copy of approved Master Plane for perusal of the public and consider the objections if any pending disposal of the above Writ petition. Counsel for the Petitioners: M/s. E ANJANA REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER 1 APHC010399622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21059/2024 Between: Beere Varalakshmi, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner{S): 1.E ANJANA REDDY Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities 3.J DILEEP KUMAR The Court made the following: 2 ORDER: This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief; “...to issue a Writ, order or direction more particuiarly one in the nature of Writ of Mandamus, declaring the action of the respondents in not kept open a copy of approved Master Plan for perusal of the public is illegal, arbitrary, contrary to the principles of natural Justice and violation of G.O.MS.No.39, MA & UD(II) department, dated 06.03.2024 also offends Art 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to kept open a copy of approved Master Plan for perusal of the public and consider the objections if any... ” The case of the petitioners is that the respondents have not kept open the approved master plan in the offices of the Dharmavaram Municipality, as per G.O.Ms.No.39, MA & UD(II) department, dated 06.03.2024, for perusal of the public. Due to the non-availability of the approved master plan, the petitioners are facing difficulties with their respective plots in Dharmavaram, either for constructing houses or for selling their house plots. For which, the petitioners made a representation dated 16.08.2024 to the 3'^^ respondent requesting to keep open the approved master plan and complaining non consideration of the same, the present writ petition is filed. 2. Heard Sri Anjana Reddy, learned counsel for the petitioners and learned Standing Counsel for the respondent No.3. ■6. In view of the fact that the representation dated 16.08.2024 is pending for consideration before the respondents herein, instead of going into merits, this Court feels it appropriate to dispose of the writ petition by directing the respondents to consider the representation made by the petitioners on 16.08.2024, within a period of three (03) weeks from the date of receipt of copy of this order, in accordance with law. 4. With the above direction, the Writ Petition is disposed of. No order as to 5. costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. SD/- B.PRASAD RAO ASSISTANT REGISTRAR //TRUE COPY// FICER SEC To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. Chairman, Anantapuramu-Hindupur Urban Development Authority(AHUDA), Collector Bungalow Road, Anantapuramu, Anantapuramu District. 3. The Commissioner, Dharmavaram Municipality, Dharmavaram, Dharmavaram, Ananatapuramu District. 4. One CC to M/s. E. Anjana Reddy, Advocate [OPUC] 5. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 6. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. 2. The Vice ssb HIGH COURT DATED:07/02/2025 ORDER X 2 ii FEB 2025 ^ . Current Section WP.No.21059 of 2024 1 DISPOSING OF THE W.P. WITHOUT COSTS