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2025 DAILYLAW 35254 (AP)

NUTHALAPATI APARNA v. The State of Andhra Pradesh

WP/29037/2023 · 2025-06-15

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

< IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY , HE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29037 OF 2023 Between: Nuthalapati Aparna, W/o.P.Satish, Aged about 47 years, Occ. Housewife, R/o. Flat NO.A206, Maha Lakshmi Towers, Donka Road Vijayawada. Tadigadapa, ...PETITIONER AND 1. The State of Andhra Pradesh, Municipal Administration and Urban Area Department, Represented by the Principle Secretary, Velagapudi Village, Thullur Mandal, Guntur District. 2. The Andhra Pradesh Capital Region Development Authority, Represented by its Commissioner, Lenin Centre, Governorpeta, Vijayawada - 520002. 3. Gollapudi Gram Panchayat, Ibrahimpatnam Mandal, Vijayawada (Rural) Represented by its Secretary, Krishna District, Andhra Pradesh -521225. 4. Tejavath Balaji, W/o Tejavath Pandya Rio Door No.5-14, Kodad, Nalgonda District, Telnagana State. 5. The Southern Power Distribution Corporation Limited Chairman and amp. Managing Director, Door No. 19-13-65/A, Srinivasapuram, Tiruchanoor Road, Tirupati 517503, Chittoor District, Andhra Pradesh. 6- Assistant Engineer, The Southern Power Distribution Corporation Limited, Ayyappaswami Temple St., Gollapudi Village, Vijayawada Rural, Krishna District. Represented by its ...RESPONDENTS r r 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 particular!), one in the nature of Writ Mandamus declaring of the. (a)Building NO.1168/0043//BNJA/GLPD/2022 dated 29th January 2022 of the Second Respondent. (b)Building Permit No.1168/0044//BA/JA/GLPD/2022 dated 02nd March 2022 of the Second Respondent. (c)Proceedings DPOV1J(OTH)/291/2022-DP dated Nil of the of the Second Respondent. (d)action of the Respondent Authorities in not demolishing the construction, being raised illegally by the Fourth Respondent in the alleged Plot.Nos.3 anal 6, ad-measuring 266 Sq.yds (169.78 Sq.yds plus 80.65 Sq.yds) and 273.3 Sq.yds (136.11 Sq.yds plus 137.22 Sq.yds) respectively situated in RS.No.559/ (Now 559/2B) of Gollapudi village, Vijayawada (Rural), (e)the action of Respondent Nos.5 and 6 in trying to provide servic.. connection to the illegal constructions being raised by the Fourth Respondent in the alleged Plot.Nos.3 and 6, ad-measuring 266 Sq.yds (169.78 Sq.yds 80.65 Sq.yds) and 273.33 Sq.yds (136.11 Sq.yds plus 137.22 Sq.yds) respectively situated in RS.No.559/2 (Now 559/2B) of Gollapudi village, Vijayawada (Rural), as illegal, arbitrary and violative of Order dated 12/05/2023 of this Honourable Court Writ Petition No. 13338 of 2023 and Sections 108, 109 of the Andhra Pradesh Permit MAU61- in Capital Region Development Authority Act, 2014 (A.P.Act No.11 of 2014) Andhra Pradesh Building Rules published vide G.O.MS.No.119 dated 28/03/2017 and GO.Ms.No.223 dated 9/7/2018 Municipal Administration and Urban Development (M) Department and Articles 14, 19(1)(g), 243W, 243ZE and 300-A, read with Schedule-XII of the Constitution consequently direct the Second Respondent to cancel the Building Permit NO.1168/0043/BNJA/GLPD/ 2022 dated 29th January 2022, Building Permit NO.1168/0044/BNJA/GLPD/ 2022 dated 02 of India and March 2022 and set-aside the Proceedings MAU61-DPOVII(OTH)/291/2022- DP dated Nil and forthwith demolish the illegal constructions raised by the Fourth Respondents lA NO: 1 OF 2023 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 suspend the building permissions issued vide Building Permit NO.1168/0043/BNJA/GLPD/ 2022 dated 29th January 2022 and Building 02'd March 2022 pending Permit No. 1168/0044/BNJA/ GLPD/2022 dated disposal of the Writ Petition. lA NO: 2 OF 2023 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 Fourth Respondent not to make any further constructions in the alleged Plot. Nos.3 and 6. ad-measuring 266 Sq.yds (169.78 Sq.yds + 80.65 Sq.yds) and 273.33 Sq.yds (136.11 Sq.yds + 137.22 Sq.yds) situated in RS.No.559/2 (Now 559/2B) of Gollapudi village, Vijayawada disposal of the Writ Petition. (Rural) pending lA NO: 3 OF Petition under Section 151 CPC in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Nos.5 praying that in the circumstances stated and 6 not to provide any service connection to the illegai constructions being raised by the Fourth Respondent in the alleged Plot. Nos.3 and 6, ad-measuring 266 Sq.yds (169.78 Sq.yds + I / 80.65 Sq.yds) and 273.33 Sq.yds (136.11 Sq.yds + 137.22 Sq.yds) situated i RS.No.559/2 (Now 559/2B) of Gollapudi village, Vijayawada disposal of the Writ Petition. / in (Rural) pending lA NO: 1 OF 2024 Petition under Section 151 CPC in the affidavit filed in praying that in the circumstances stated support of the writ petition, the High Court may be pleased to permit the Petitioner to bring on record the Proceedings File N0.MAU6I- DPOVIJ(UAC)/21/2022-DP dated 30/05/2023 (Provisional Oder) dated 08/06/2023(Final Order) (CASE)/230/2023-DP dated and File No. MAU61-DP0VIJ(UAC)/21/2022-DP along with Proceedings NO.MAUei-STMORTI 14/11/2023 annexed to this Interlocutory Application in the above Writ Petition. as additional documents Counsel for the PetitionenSRI M R K CHAKRAVARTHY Counsel for the Respondent No.1: GP FOR MUNCIPAL Counsel for the Respondent No.2: SRI KASA JAGANMOHAN ADMN URBAN DEV REDDY(APCRDA) Counsel for the Respondent No.3: SRI N SRIHARI Counsel for the Respondent No.4: SRI DANDU Counsel for the Respondents No.5,6: SRI V (SC FOR 2PP, MPP) BHARGAVI REDDY R REDDY KOVVURI (SC FOR APCPDCL) The Court made the following: ORDER APHC010557882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] / MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ElVE PRESENT the honourable SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 29037/2023 Between: Nuthalapati Aparna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.M R K CHAKRAVARTHY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.N SRIHARI (Standing Counsel forZPP MPP and GRAM PANCHAYAT) 3.DANDU BHARGAVI REDDY 4. V R REDDY KOWURI (SC FOR APCPDCL) The Court made the following: :: ORDER :: The petitioner filed I.A.No.1 of 2025 seeking permission of this Court to withdraw the writ petition with a liberty to file fresh writ petition. permission is accorded. Accordingly. I.A.No.l of 2025 is allowed and Writ Petition No.29037 of 2023 is dismissed as withdrawn giving liberty to the petitioner to file fresh writ petition. No order as to costs. Miscellaneous petitions, if any pending, in this case, shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT RE(^STRAR SECTION OFFICER //TRUE COPY// To, 1. One CC to SRI. M R K CHAKRAVARTHY Advocate [OPUC] 2. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, Andhra Pradesh. [OUT] 3. One CC to SRI KASA JAGANMOHAN REDDY(APCRDA) Advocate [OPUC] 3. One CC to SRI. N. SRIHARI Advocate (SC FOR MPP, ZPP)[OPUC] 4. One CC to SRI. DANDU BFIARGAVI REDDY, Advocate [OPUC] 5. One CC to SRI. V R REDDY KOVVURI (SC FOR APCPDCL) Advocate [OPUC] 6. Three CD Copies High Court Of nm HIGH COURT DATED:16/06/2025 ORDER WP.No.29037 of 2023 0 ^ AUG 2025 o O v> DISMISSING THE AS WITHDRAWN WITHOUT COSTS