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High Court of Andhra Pradesh · body

2025 DAILYLAW 3013 (AP)

S R SRIDHAR v. THE STATE OF AP

WP/788/2025 · 2025-01-10

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 788 OF 2025 Between: S. R. Sridhar, Age 59 years, S/o. D.Subba Reddy, R/o. D.No.4-86/2 Nagar, Vallivedu, Chittoor District. Rounak ...PETITIONER AND 1. The State of AP, rep by its PrI. Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Tirupati Municipal Corporation, rep by its Municipal Commissioner Tirupati. 3. The Deputy City Planner, Tirupati Municipal Corporation, Tirupati. ...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 order direction more particularly one in the nature of Writ of Mandamus declare the in action of the respondents in initiating the issuance of TDR Certificates for the utilisation of land of the petitioner for 60ft road for the land covered in R.S.No.233, Timminaidupalem, Karakambadi Road, eastern side of gust line days despite the same was complained by the petitioner in his complaint Dt. 16.12.2024 in Mee Kosam - Praja samasyalu Grievances Settlement Forum and subsequent Endorsement given by the respondents on the grievance of the petitioner without mentioning the date implementation of issuance of TDR Certificates as laid down in G.O.Ms.No.119 of 28/03/2017 is illegal. « arbitrary and contrary to the G.O.Ms.No.l 19 of 28/03/2017 consequently direct the respondents to initiate the process as laid down in G.O.Ms.No.l 19 of 28/03/2017 for issuance of TDR Certificates with in time frame. lA NO: 1 OF 2025 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 direct the respondents to initiate the process of issuing of TDR Certificates to the petitioner for the land covered in R.S.No.233, Timminaidupalem, Karakambadi Road, eastern side of gust line days pending disposal of the above writ petition. Counsel for the Petitioner: SRI J. RAVI KUMAR Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY The Court made the following: ORDER r 1 APHC010010452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 788/2025 Between: S.R.Sridhar ...Petitioner AND The State of AP and others ...Respondents Counsel for the Petitioner: U.Ravi Kumar Counsel for the Respondents: 1.GP Municipal Administration and Urban Development The Court made the following order: Challenging the inaction of the respondents in issuing the TDR Certificates for utilization the petitioner's land, for laying a 60 foot road. covered in R.S.No.233,Timminaidupalem, Karakambadi Road, Tirupati, the instant writ petition has been filed. Heard Sri J.Ravi Kumar, learned Counsel for the petitioner and learned 2. Assistant Government Pleader for Municipal Administration and Urban Development and Sri A.S.C.Bose, learned Standing Counsel for respondent Nos.2 and 3. mil 2 3. The Learned Standing Counsel submitted that pursuant to the application of the petitioner dated 16.12.2024, seeking issuance of TDR Bonds, the 2nd respondent-Municipal Corporation has informed the petitioner vide separate proceedings on the same date, to submit all necessary documents, along with link documents, and further informed that the appropriate orders on the said application would be passed after placing the matter before the Committee appointed in the said regard. The learned Standing Counsel thus argued that the instant writ petition 4. filed without submitting the documents to the Corporation is not maintainable. 5. In reply, the learned Counsel for the petitioner submitted that the petitioner is ready and willing to submit the documents as required by the Corporation. The learned Counsel sought for a direction to the respondents to dispose of the application within a time-bound manner. 6. Considered the rival submissions. A perusal of the material papers filed along with the writ petition reveals that pursuant to the representation of the petitioner, the Corporation has acted upon it and sought certain documents to be submitted by the petitioner to process theapplication. The petitioner, instead of meeting the requirements of the Corporation 7. dated 16-12-2024, has approached this court. In that view of the matter, the relief sought by the petitioner for issuance of a Mandamus declaring the inaction of the respondents as illegal would not arise. Liberty is granted to the petitioner to file all necessary documents as 8. required by the Corporation for processing the petitioner's application 3 submitted on 16.12.2024 for the issuance of TDR bonds. Upon submission of the said documents, the respondents shall pass appropriate orders in accordance with law, after affording sufficient opportunity to the petitioner, within a period of two (2) months from the date of receipt of this order. With the above observation, the Writ Petition is disposed of. There shall 9. be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. SDI- B.PRASAD RAO ASSISTANT REGISTRAR //TRUE COPY// OFFICER To 1 The Principal Secretary, State of AP, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Municipal Commissioner Tirupati Municipal Corporation, Tirupati. 3. The Deputy City Planner, Tirupati Municipal Corporation, Tirupati. 4. One CC to Sri J. Ravi Kumar, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 7. Three C.D. Copies. Cnr HIGH COURT ' DATED:10/01/2025 ORDER of [g 0 5 FEB 2025 ^ . Current Section ^J % WP.No.788 of 2025 tn ost DISPOSING THE W.P. WITHOUT COSTS