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\ APHC010434302022 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI i MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL No: 828 OF 2022 along with WRIT APPEALNos.829 & 839 OF 2022 WRIT APPEAL No: 828 OF 2022 Writ Appeal under clause 15 of the Letters Patent Act, preferred against
order dated 13.07.2022 allowing W.P.No.16983 of 2021 on the file of High Court. Between:
1. Bandi Madhava Rao, S/o. Late Subba Rao, Aged about 74 years, R/o D.No.52-4-7, ALC Road, Gunadala, Vijayawada, Krishna District-
520008. 2. Gujjarlapudi Ajitha, W/o. Babu Rao, Aged about 41 years, R/o D.No. 5-311, Prasadampadu, Vijayawada, Krishna District- 521108. ...LEAVE PETITIONERS/WRTI APPELLANTS AND
1. Sajja Kanaka Durga, W/o Ram Prasad, Aged 55 years R/o D No 23-36- Jagarlamudivari Street, Lakshmi Nagar, Satyanarayanapuram, Vijayawada-520011. 7/1, ...RESPONDENT/ WRIT PETITIONER
2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Municipal Administration & Urban Development Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. Amaravati Metropolitan Region Development Authority, Rep by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh. 4. The District Collector, Krishna District, Machilipatnam, Krishna District Andhra Pradesh. 5. The Municipal Corporation of Vijayawada, Rep by its Commissioner Vijayawada, Krishna District, Andhra Pradesh. 6. The Assistant City Planner, Municipal Corporation of Vijayawada Vijayawada, Andhra Pradesh. 7. The Commissioner of Police, Vijayawada City, Vijayawada, Andhra Pradesh. 8. M/s.SLV Developers, Rep by its Managing Director, P.Srinivas Raju, S/o.Nagabhushanam, Aged 51 years, R/o.1-5-10, Lakshmi Nilayam, Ayyapa Temple Street Ward, Sivaraopet, Godavari District, Andhra Pradesh. Bhimavaram, West ...RESPONDENTS/RESPONDENT Nos.1 to 7 lA No: 3 OF 2022 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 5*'' Respondent to treat the land admeasuring Ac. 0.20 cents in Sy.No.115 (P) of Gunadala Village Vijayawada Urban, Krishna District. lA No: 4 OF 2022 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
suspend the order and judgment dt.13-07-2022 passed in W.P.No.16983 of
2021. lA No: 5 OF 2022 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 suspend show cause notice vide Rc.No.G2-113691/2022 dt:05-08-2022 issued by 5^*^ Respondent. Counsel for the Petitioners:
M/s. SODUM ANVESHA Counsel for the Respondents:
M/s. S.PRANATHI, SPECIAL GP APHC010434342022 WRIT APPEAL No: 829 OF 2022 Writ Appeal under clause 15 of the Letters Patent Act, preferred against the order and judgment dated 13.07.2022 passed in W.P.No.16983 of 2021 on the file of High Court.
Between: M/s. SLV Developers, Rep by its Managing Director, P.Srinivas Raju, S/o.Nagabhushanam, Aged 51 years, R/o. 1-5-10, Lakshmi Nilayam, Ayyapa Temple Street 35‘^ Ward, Sivaraopet, Bhimavaram, West Godavari District, Andhra Pradesh. ...APPELLANT/RESPONDENT No.7 AND
1. Sajja Kanaka Durga, W/o. Ram Prasad, Aged 55 years, R/o. D.No.23-36-7/1, Jagarlamudivari Street, Lakshmi Nagar, Satyanarayanapuram, Vijayawada-520011. ...RESPONDENT/WRIT PETITIONER
2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Municipal Administration & Urban Development Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. Amaravati Metropolitan Region Development Authority, Rep by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh. 4. The District Collector, Krishna District, Machilipatnam, Krishna District, Andhra Pradesh. 5. The Municipal Corporation of Vijayawada, Rep by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh. 6. The Assistant City Planner, Municipal Corporation of Vijayawada, Vijayawada, Andhra Pradesh. 7. The Commissioner of Police, Vijayawada City, Vijayawada, Andhra Pradesh. ...RESPONDENTS/RESPONDENT Nos.1 to 6 lA No: 3 OF 2025 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 record the compromise arrived at under MOU dt.03-04-2025, consequently allow the W.A.No.829/2022 duly setting aside the order of learned single judge dt.13-09-2022 in W.P.No.16983 of 2021. Counsel for the Petitioner: SRI K.CHIDAMBARAM, SENIOR COUNSEL APPEARING FOR SRI YASWANTH GADE Counsel for the Respondent No.1: SRI PAVAN KUMAR PASUPULETI Counsel for the Respondents: M/s. S.PRANATHI, SPECIAL GP APHC010434322022 WRIT APPEAL No: 839 OF 2022 Writ Appeal under clause 15 of the Letters Patent Act, to set aside the
order and judgment dated 13.07.2022 passed in W.P.No. 16983 of 2021 and pass
Between:
1. A. Rama Krishnam Raju, S/o. Butchi Raju, Aged about 43 Years, R/o. Flat No.401 Godavari. Alluri Residency, Narayanapuram, Unguturu, West
2. M.L.Sailaja, W/o.Subhakar, Aged about 46 Years, R/o.D.No.6-123/C, Poranki Road, Nidamanuru, Krishna District. 3. Gadiraju Venkata Leelavathi, W/o. G.Ramalinga Raju, Aged about 51 Years, R/o.D.No.1-197, Golakoderu, Palakoderu Mandal, West Godavari District. th
4. Batti Radhika, W/o.Bath Sudhakar, Aged about 42 Years, R/o. 402, 4 Floor, R.S.Tower, Near NTR Bus Stop, Yanamalakuduru, Vijayawada. 5. Chavaladi Lakshmi, W/o Rarna Rao, Aged about 58 Years, R/o 3-130- 10, Potti Sriramulu Road, Mylavaram, Krishna District. 6. Kalidindi Jaya Sri, W/o K.Satyanarayana Raju, Aged about 34 Years, R/o Flat No. 107, Block B, SIvanjani Heights, Gannavaram, Krishna District. 7. Shaik Asha, D/o Shaik Saidulu, Aged about 32 Years, R/o Flat No. B - 410, 4th Floor, SLV Amaravathi Grand, Rarnavarappadu, Vijayawada Rural, Krishna District. ...PETITIONERS AND
1. Sajja Kanaka Durga, W/o. Ram Prasad, Aged 55 years, R/o. D.No.23-36-7/1, Jagarlamudivari Street, Lakshmi Nagar, Satyanarayanapuram, Vijayawada-520011. 2. The State of Andhra Pradesh, Rep by its Principal Secretary to Government, Municipal Administration and Urban Development Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. Amaravati Metropolitan Region Development Authority, Rep by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh. 4. The District Collector, Krishna District, Machilipatnam, Krishna District, Andhra Pradesh. 5. The Municipal Corporation of Vijayawada, Rep by its Commissioner, Vijayawada, Krishna District, Andhra Pradesh. 6. The Assistant City Planner, Municipal Corporation of Vijayawada, Vijayawada, Andhra Pradesh. 7. The Commissioner of Police, Vijayawada City, Vijayawada, Andhra Pradesh. 8. M/s SLV Developers, Rep by its Managing Director, P. Srinivas Raju,S/o Nagabhushanam Aged 51 years R/o 1-5-10, Lakshmi Nilayam Ayyapa Temple Street 35th Ward, Sivaraopet Bhimavaram,West Godavari District, Andhra Pradesh ...RESPONDENTS lA No: 3 OF 2022 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 Respondent No.5 to treat the land admeasuring Ac.0.20 cents in Sy.No.115 (P) of Gunadala Village, Vijayawada Urban, Krishna District public road. as lA No: 4 OF 2022 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 suspend the order and judgment dated 13.07.2022 passed in W.P.No. 16983 of 2021.
lA NO: 5 OF 2022 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 suspend show cause notice vide Rc.No.G2-113691/2022dated 05.08.2022 issued by Respondent No.5 . Counsel for the Petitioners: SRI VIVEKANANDA VIRUPAKSHA Counsel for the Respondents: The Court made the following:
M/s. S.PRANATHI, SPECIAL GP COMMON ORDER
Bench Sr.No;- 35 to 37 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010434302022 WRIT APPEAL NO: 828 of 2022 along with W.A.Nos.829 & 839 of 2022 W.A.No.828 of 2022 ...Appellants Band! Madhava Rao and others Vs. ...Respondents Sajja Kanaka Durga and others ********** Advocate for Appellants in WA.No.828 of 2022 Ms. Sodum Anvesha Advocate for Appellants in WA.No.829 of 2022 Mr. K. Chidambaram, Sr. Counsel appearing for Mr. Yaswanth Gade Mr. Vivekananda Virupaksha Mrs. S Pranathi (Spl.GP) for official respondents. Advocate for Appellants in WA.No.839 of 2022 Advocate(s) for Respondent(s): Mr. Pavan Kumar Pasupuleti for R.1 in WA.No.829 of 2022
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 30th June 2025 PC : The present writ appeals have been preferred against the judgment and
order, dated 13.07.2022, passed in W.P.No.16983 of 2021. 2 HCJ & RC, J WAs_828,829 & 839_2022
2. The 1®* respondent herein (petitioner) had approached the Court alleging that there was undue interference with the possession of the petitioner over land measuring Ac.0.20 cents in Sy.No.115 (P) of Gunadala Village, Vijayawada Urban in Krishna District without following the due process of law. The interference was alleged against respondent Nos.4 & 5 in the writ petition i.e., the Municipal Corporation of Vijayawada and the Assistant City Planner, who sought to lay a road over the land in question which admittedly belonged to the petitioner. It appears that during the pendency of the present proceedings, the petitioner has executed a gift deed in favour of the Municipal Corporation of Vijayawada and therefore it is stated that there is no legal impediment now for the Municipal Corporation to proceed to lay the road. 3. Be that as it may, in view of the subsequent developments in the interregnum, the issue has become academic. Nonetheless, in view of the execution of the gift deed, now the Municipal Corporation of Vijayawada would be free to lay the road. 4. Accordingly, all the Writ Appeals, along with connected application bearing IA.No.3 of 2025 in WA.No.829 of 2022 are disposed of. No order as to costs. 5. 3 HCJ & RC, J WAs_828,829 & 839_2022 Pending miscellaneous applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Amaravati Metropolitan Region Development Authority, Rep by its Vijayawada, Krishna District, Andhra Pradesh. 3. The District Collector, Krishna District, Machilipatnam, Krishna District, Andhra Pradesh. 4. The Commissioner, Municipal Corporation of Vijayawada, Vijayawada, Krishna District, Andhra Pradesh. 5. The Assistant City Planner, Municipal Corporation of Vijayawada, Vijayawada, Andhra Pradesh. 6. The Commissioner of Police, Vijayawada City, Vijayawada, Andhra Pradesh. 7. The Managing Director, M/s SLV Developers, P. Srinivas Raju,S/o Nagabhushanam Aged 51 years R/o. 1-5-10, Lakshmi Nilayam, Ayyapa Temple Street 35‘^ Ward, Sivaraopet, Godavari District, Andhra Pradesh. 8. One CC to Ms. Sodum Anvesha, Advocate [OPUC]
9. One CC to Sri Yaswanth Gade, Advocate. [OPUC] lO.One CC to Sri Vivekananda Virupaksha, Advocate [OPUC] 11.One CC to Sri Pavan Kumar Pasupuleti, Advocate. [OPUC] 12.Two CCs to Ms.
S.Pranathi, Special GP, High Court of Andhra Pradesh. [OUT] 13.Two CD Copies. Bhimavaram,West gi
HIGH COURT DATED: 30/06/2025
ORDER WA.No.828 of 2022 along with WA.Nos.829 & 839 of 2022 DISPOSING OF THE WRIT APPEALS WITHOUT COSTS