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2025 DAILYLAW 32495 (AP)

ANAM VENKATA RAMANA REDDY v. THE STATE OF AP

WP(PIL)/181/2024 · 2025-05-06

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) I \o ^ H WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 181 OF 2024 Between: Anam Venkata Ramana Reddy, S/o. A.Bhakthavatsala Reddy, Aged 60 years, Occ Political Leader, R/o. D.No. 16/4 B-4-128, Gamatia Street, South Rajupalem, Nellore City, SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Municipal Administration and Urban Development Department, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Chief Secretary to the Government, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. 3. The Director General, Vigilance and Enforcement, Vijayawada, NTR District. , 4. The Director General, Anti-Corruption Bureau, Vijayawada, NTR District. k The District Collector and District Magistrate, SPSR Nellore District at Nellore. 6. The Nellore Municipal Corporation, Represented by its Commissioner Nellore City, SPSR Nellore District. 7. The Superintendent of Police, SPSR Nellore District at Nellore. 8. Smt. D. Haritha IAS, Former Municipal Commissioner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 9. Sri. Vikas Marmat IAS, Former Municipal Commissioner, Nellore Municipal Corporation. Nellore City, SPSR Nellore District. 10. Sri. D. Chenudu, Deputy Commissioner, Nellore Municipal Corporation, Nellore City, SPSR Nellore 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 or order or direction more particularly one in the nature of writ of mandamus, declaring the action of Respondents No.8 to 10 in releasing the mortgage deeds of the builders within the Nellore Municipal Corporation Limits during the period from June 2019 to June 2024, without carrying out requisite inspections and without ensuring that the constructions are fit for occupancy as mandated by law, further without issuing occupancy certificates in violation of the established legal procedures, thereby compromising public safety, as illegal arbitrary, unconstitutional, unjust and against the procedure contemplated under the Andhra Pradesh Apartment (Promotion of Construction and Ownership) Act, 1987, the Andhra Pradesh Municipality Development Control Rules, 2008 and the Andhra Pradesh Building Rules, 2017, consequentially direct Respondent Nos. 1 to 4, to conduct an enquiry against Respondent Nos. 8 to 10 and also against the builders concerned for releasing mortgage deeds without issuing occupancy certificates by abusing their official position and take appropriate action in accordance with law 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 Respondent Nos.1 to 5 to consider the petitioner's representation dt.05.09.2024 and pass appropriate orders in accordance with law pending disposal of the above writ petition Counsel for the Petitioner: SRI SRINIVASULU T Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.7: GP FOR HOME The Court made the following: Order 0^ APHC010479542024 Bench Sr.No:-39 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 181 of 2024 Anam Venkata Ramana Reddy ...Petitioner Vs. The State of A.P. and others ...Respondents -k'k'kit-k-k’k'k’k-k Advocate for Petitioner Sri T. Srinivasulu Advocate for Respondents Learned Government Pleader for Municipal Administration and Urban Development CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 7th May 2025 PC : This Writ Petition is disposed of with a direction to respondent No.5 to consider the representation filed by the petitioner dated 05.09.2024 and a decision be taken preferably within a period of three (3) months. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// / SEC OFFICER / To, 1. The Principal Secretary to the Government and Urban Development Department, Velagapudi, Amaravati, Guntur District. 2. The Chief Secretary, State of Andhra Pradesh Velagapudi, Amaravati, Guntur District. , Municipal Administration Secretariat Buildings at Secretariat Buildings at 3. The Director General, Vigilance and Enforcement, Vijayawada, NTR District. 4. The Director General, Anti-Corruption Bureau, Vijayawada, NTR District. 5. The District Collector and District Magistrate, SPSR Nellore District at Nellore. 6. The Commissioner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 7. The Superintendent of Police, SPSR Nellore District at Nellore. 8. One CC to Sri. Srinivasulu T Advocate [OPUC] 9. Two CCs to GP For Municipal Admin and Urban Dev, High Court Of Andhra Pradesh. [OUT] Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. 11. % ■ - GSC HIGH COURT DATED:07/05/2025 ORDER WP(PIL).No.181 of 2024 ands^ tP 5 27 MAY 2025 S •a ca ^ . Current section DISPOSING THE WP(PIL) WITHOUT COSTS