i < APHC010462962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23463 OF 2025 A « o ■V-O Between: Pinnagadi Narayana Murthy, S/o.late. Satyam, aged about 65 years, R/o. Door No 4-98, Kotha kandarada Village, Pithapuram Mandal, Kakinada District 2. Vadapalli Prameela, W/o.Ram Babu No4-99, Kotha kandarada Village, District 3. Ballipatti Sowjanya, D/o Narayana Murthy, aged about 31 years,R/o. D. kandarada Village, Pithapuram Mandal, Kakinada 1. aged about 35 years, R/o. D. Pithapuram Mandal, Kakinada N 04-101, Kotha District 4. Pinagadi D. No 4- 54, District 5. Vadapalli Mangapatnam @ Mangayamma, W/o. Satyanarayana, aged about 66 years, R/o. D. No. 2-108, Kumarapuram Village, Pithapuram Govindamma, W/o. late. Manikyam, aged about 75 years,R/o. Kotha kandarada Village, Pithapuram Mandal, Kakinada Mandal, Kakinada District 6. Vadapalli Sirnivasa Rao, S/o. Satyanarayana, aged about 52 years, Kotha kandarada Village, Pithapuram Mandal, R/o.D. No4-99, Kakinada District. Vadapalli Ram Babu, S/o. Satyanarayana, aged about 46 years, R/o.D. Kotha kandarada Village, Pithapuram Mandal, Kakinada 7. No4-99, District. ...Petitioners AND of Andhra Pradesh, Rep. by its Principal Secretary, Urban Development Department, 1. The State Municipal Administration And Secretariat, Velagapudi, Guntur District. 2. The Kakinada Urban Development Authority KAUDA, Rep. by its Vice Chairman, Kakinada, Kakinada District. 3. Kandarada Gram Panchayat, Rep. by its Secretary/Executive Officer, kandarada Village, Pithapuram Mandal, Kakinada District. 4. K Kameswara Rao, /o. Not Known, Occ. Business, 5. K Nageswari, W/o. Not Known, Occ. House Wife Business, 6. S Sarswathi, W/o. Not Known, Occ. House Wife Business, 7. P Bayanna, .S/o. Not Known, Occ. Business, P Veeranageswara Rao, .S/o. Not Knwon Occ. Business, 9. S Rama Kumar, S/o. Not Known Occ. Business, lO.SSireesha, W/o. Not Known, Occ. House Wife Business, 11.V Jyothi Lakshmi, W/o. Not Known Occ. House Wife Business, 12.S Sathibabu, S/o. Not Known, Occ. Business, 8. 13.Nagendra Kumar Moturi, S/o. Not Known, Occ. Business, R/o. Door No. 1-220-9, Siddartha Nagar, (Respondents 4 to 13 are Rayadupalem, Kakinada, Kakinada 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 of Mandamus or any other appropriate writ, Order or Direction declaring the action of Respondents 2 & 3 in proceeding to grant 1104/0029/LP/PTPMDL/2025 dated.26-07- final layout approval in File No. <4 2025, without conducting ground demarcation and without considering the objections raised by the petitioners and their representations and other affected landowners regarding the way on the southern side of the Tentative Layout properties of the land admeasuring an extent of Ac. 8.17.33 Cents situated in Sy. Nos. 97/2P, 3, 4, 5, 6, 10P, 11 A, 123, 13P, 145, 15, 18P, 98/2, 3, 4A, 4B of Kandarada village, Pitahpuram Mandal, Kakinada District in favour of Respondents 4 to 13 as illegal, arbitrary, violative of Principles of justice and Un-Constitutional and also contrary to A.P. Land (Layout and Sub-Division) Rules, 2017 and also A.P Metropolitan Region and Urban Development Authorities Act, 2016 and Rules made there under. Natural Development 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 2"^ Respondent not to grant final layout approval in respect of land admeasuring an extent of Ac.8.17.33 Cents situated in Sy.Nos.97/2P, 3, 4, 5, 6, 10P, 11 A. 123, 13P, 145, 15, 18P, 98/2, 3, 4A, 4B village, Pitahpuram Mandal, Kakinada District in favour of Respondents 4 to 13 without conducting ground demarcation and without considering the objections raised by the petitioners as well as other affected landowners regarding the "way on the southern side" of the Tentative Layout properties till a proper inquiry is conducted into the objections of the petitioner of Kandarada other affected land owners regarding the "way on the southern side" by strictly comply with the Andhra Pradesh Land Development (Layout and Sub- Division) Rules, 2017 by ensuring demarcation on the ground and considering objections of the petitioners & Other affected landowners pending disposal of the above writ petition. Counsel for the Petitioners: SRI NAGAM CHANDRASEKHAR REDDY Counsel for the Respondent No.1 ; GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI R.K. ACHARYA, SC FOR KAUDA Counsel for the Respondent No.3 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent Nos.4 to 13 : NONE APPEARED The Court at the stage of admission made the following order: 1 HN, J W.P.No.23463 2025 APHC010462962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23463/2025 Between: AGED KOTHA KANDARADA 1.PINNAGAD1 NARAYANA MURTHY, S/0.LATE. SATYAM, ABOUT 65 YEARS, R/0. DOOR NO 4-98 VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT 2.VADAPALLI PRAMEELA, W/O.RAM BABU, AGED ABOUT 35 YEARS, R/0. D. N04-99, KOTHA KANDARADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT 3.BALLIPATTI SOWJANYA, D/0 NARAYANA MURTHY, AGED ABOUT KOTHA KANDARADA VILLAGE, 31 YEARS,R/0. D. NO4-101 PITHAPURAM MANDAL, KAKINADA DISTRICT 4.PINAGADI GOVINDAMMA, W/0. LATE. MANIKYAM, AGED ABOUT 75 YEARS,R/O. D. NO 4- 54, KOTHA KANDARADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT W/0. MANGAYAMMA MANGAPATNAM SATYANARAYANA, AGED ABOUT 66 YEARS, R/O. D. NO. 2-108, KUMARAPURAM VILLAGE, PITHAPURAM MANDAL, KAKINADA 5.VADAPALLI DISTRICT AGED 6.VADAPALLI SIRNIVASA RAO, S/0. SATYANARAYANA, ABOUT 52 YEARS, R/O.D. N04-99, KOTHA KANDARADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT. 7.. VADAPALLI RAM BABU, S/0. SATYANARAYANA, AGED ABOUT 46 KOTHA KANDARADA VILLAGE, YEARS, R/O.D. N04-99, PITHAPURAM MANDAL, KAKINADA DISTRIC 2 HN, W.P.No.23463_2025 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARY, DEVELOPMENT DEPARTMENT, GUNTUR DISTRICT. URBAN SECRETARIAT, VELAGAPUDI, 2. THE KAKINADA URBAN DEVELOPMENT AUTHORITY KAUDA, REP. BY ITS VICE CHAIRMAN, KAKINADA, KAKINADA DISTRICT. 3. KANDARADA GRAM PANCHAYAT, REP. BY ITS SECRETARY/EXECUTIVE OFFCIER, KANDARADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT. 4. K KAMESWARA RAO, /O. NOT KNOWN, OCC. BUSINESS, 5. K NAGESWARI, W/0. NOT KNOWN, OCC. HOUSE WIFE BUSINESS, 6. S SARSWATHI, W/0. NOT KNOWN, OCC. HOUSE WIFE BUSINESS, 7. P BAYANNA, .S/0. NOT KNOWN, OCC. BUSINESS, 8. P VEERANAGESWARA RAO, S/O. NOT KNWON OCC. BUSINESS, 9. S RAMA KUMAR, S/O. NOT KNOWN OCC. BUSINESS, 10.S SIREESHA, W/0. NOT KNOWN, OCC. HOUSE WIFE BUSINESS, 11.V JYOTHI LAKSHMI, W/0. NOT KNOWN OCC. HOUSE WIFE BUSINESS, 12.S SATHIBABU, S/O. NOT KNOWN, OCC. BUSINESS, 13.NAGENDRA KUMAR MOTURI, S/O. NOT KNOWN, OCC. BUSINESS, ( RESPONDENTS 4 TO 13 ARE R/O. DOOR NO. 1-220- 9, SIDDARTHA NAGAR, RAYADUPALEM, KAKINADA, KAKINADA DISTRICT) ...RESPONDENT(S): 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 topleased to issue a writ of Mandamus or any other appropriate writ. 3 HNJ W.P.No.23463 2025 Order or Direction declaring the action of Respondents 2 3 in proceeding to grant final layout approval in File No. 1104/0029/LP/PTPMDL/2025 dated.26- 07-2025, without conducting ground demarcation and without considering the objections raised by the petitioners and their representations and other affected landowners regarding the way on the southern side of the Tentative Layout properties of the land admeasuring an extent of Ac. 8.17.33 Cents situated in Sy. Nos. 97/2P, 3, 4, 5, 6, 10P, 11 A, 123, 13P, 145, 15, 18P, 98/2, 3, 4A, 4B of Kandarada village, Pitahpuram Mandal, Kakinada District in favour of Respondents 4 to 13 as illegal, arbitrary, violative of Principles of Natural justice and Un-Constitutional and also contrary to A.P. Land (Layout and Sub-Division) Rules, 2017 and also A.P Development Metropolitan Region and Urban Development Authorities Act, 2016 and Rules made there under and to pass lA NO: 1 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 pleased to direct the 2ND Respondent not to grant final layout approval in respect of land admeasuring an extent of Ac.8.17.33 Cents situated in Sy.Nos.97/2P, 3, 4, 5, 6, 10P, 11 A. 123, 13P, 145, 15, 18P, 98/2, 3, 4A, 4B of Kandarada village, Pitahpuram Mandal, Kakinada District in favour of Respondents 4 to 13 without conducting ground demarcation and without considering the objections raised by the petitioners as well as other affected landowners regarding the "way on the southern side" of the Tentative Layout properties till a proper inquiry is conducted into the objections of the petitioner other affected land owners regarding the "way on the southern side" by strictly comply with the Andhra Pradesh Land Development (Layout and Sub- Division) Rules, 2017 by ensuring demarcation on the ground and considering objections of the petitioners & Other affected landowners pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1.NAGAM CHANDRASEKHAR REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 4 HN, J W.P.No.23463 2025 ORDER: The petitioners are apprehending that the layout proposed to be respondent in favor of respondent Nos.4 to 13 would 1. nd sanctioned by the 2 obstruct their access of the southern side of their property. It is submitted that the 2"^^ respondent has granted tentative layout approval and is now in the process of granting final approval for the plots 2. belonging to respondent Nos.4 to 13. In this regard, the petitioners have nd respondent on 21.08.2025 and submitted representations to the 2 01.09.2025, raising their objections. The learned counsel appearing for the petitioners submits that the 3. nd objections raised by the petitioners ought to be duly considered by the 2 respondent before granting final layout approval, particularly in respect of File NO.1104/0029/LP/PTPMDL/2025, dated 26.07.2025. Heard the learned counsel appearing for the petitioners and the learned Standing counsel appearing for the 2"'‘ respondent. 4. Considering the submissions made, and having regard to the fact that . 5. the objections raised by the petitioners pertain to access and layout planning, this Court is of the view that the 2’^^ respondent is obligated to consider such objections before granting final approval. Accordingly, the present the writ petition is disposed off at the respondent to consider the 6. nd admission stage with a direction to the 2 5 HN,j W.P.No.23463_2025 representations/objections raised by the petitioners and to pass appropriate orders, by issuing notice to all the concerned parties. There shall be no order as to costs. As a sequel, miscellaneous applications, pending,jij( any, shall stand Sd/- K TATA RAO DEPUTY REGISTRAR closed. //TRUE COPY// OFFICER To, 1. The Principal Secretary, Municipal Administration And Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The Vice Chairman, Kakinada Urban Development Authority KAUDA, Kakinada, Kakinada District. 3. The Secretary/Executive Officer,Kandarada kandarada Village, Pithapuram Mandal, Kakinada District. 4. One CC to Sri Nagam Chandrasekhar Reddy, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Courtof A.P.[OUT] 6. One CC to Sri R.K. Acharya, SC for KAUDA (OPUC) 7. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 8. Two CD Copies Cnr Urban Gram Panchayat, HIGH COURT DATED:04/09/2025 ORDER WP NO. 23463 OF 2025 o: 0 4 inl Co' *( 0 8 SFP 20?5 ntSectioji. ★ DISPOSING OF THE Vi.P. WITHOUT COSTS