IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30262 OF 2024 Between: 1. Smt.Pantadi Lakshmi, W/o Bramhanandam, Aged 48 years Mallipudivari Street, Jagannaickpur, Chandrika Theater, Kakinada Andhra Pradesh. 2. Smt. Panthadi Vijaya Lakshmi, D/o Brahmanandam, Aged 25 years, Mallipudivari Street, Jagannaikpur, Chandrika Theater, Kakinada, East Godavari District, Andhra Pradesh. 3. Sri. Bogireddy Rajesh Kumar, S/o Anandarao, Aged 42 years, Kancherla Vari Street, Pedda Market, Kakinada, East Godavari District Andhra Pradesh - 533001. 4. Smt. Bogireddy Lakshmi, W/o Anandarao, Aged 63 years, Kaularamalayam Veedhi, Pedapudi Mandal, Puttakonda, East Godavari District, Andhra Pradesh. 5. Sri. Bogireddy Anandarao, S/o Thirupathi Rao, Aged 66 years, Kapula Ramalayam Street, Pedapudi Mandal Puttakonda, East Godavari District, Andhra Pradesh. 6. Smt. Kurmadas Sarojini, W/o Kurmadas Raju, Aged 42 years, R/o Kotistambhampeta, Jagannaickpur Kakinada, East Godavari District Andhra Pradesh. 7. Smt. Surada Kameswari, C/o Surada Ganesh, Aged 47 years. Old Hospital Street, Near Dhanamma gudi, Kakinada, East Godavari District Andhra Pradesh. 8. Smt. Pinapothu Nookaratnam, C/o Pinapothu Raju, Aged 35 Yetimoga, Yerra road, Jagannaickpur, Kakinada, Andhra Pradesh. years. 9. Sri. Nakka Krishna, C/o Nakka Veera Raghav, Aged 43 years, Padmanabha Nagar, Kakinada, Jagannaickpur, East Godavari District, Andhra Pradesh. 10. Sri. Panthadi Muthyala Rao, S/o Panthadi Surya Rao Late, Aged 55 years, Muthanagar, Kakinada Jagannaickpur, East Godavari District Andhra Pradesh. 4 / ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Develop Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh 2. Kakinada Municipal Corporation, Rep by its Commissioner, Kakinada, Kakinada District, Andhra Pradesh -533001 3. The Town Planning Officer, Kakinada Municipal Corporation, Kakinada, Kakinada District, Andhra Pradesh-53300 4. The Tahsildar, Kakinada Urban, Collector Office Road, Kakinada. ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos. 2 to 4 in not considering the representation made by Petitioners on 10.12.2024 seeking permission to raise the construction and on the contrary preventing them from visiting the property i.e. all that Plot admeasuring 44.84, 52.74 and 64.17 sq. yards, forming part of Town Survey No.40, situated at Yetimoga area, Block VI of Kakinada (Kakinada District), Andhra Pradesh, as being arbitrary, illegal and violative of Articles 14,' 19(1)(g) and 300-A of the Constitution of India and against the Municipal bye-laws as also Revenue Act besides being in against the principles of natural justice and consequently grant permission to the Petitioners to raise structures in their land allotted by the 4*^ Respondent through possession pattas and issue such other writ or order or direction as deemed fit and proper in the circumstances of case. r 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 the Respondent Nos.2 to 4 to consider the representations dated 10.12.2024 made by the Petitioners and further direct the Respondents not to take any coercive action in regard to cancellation of possession pattas granted by the 4‘^ Respondent, pending Writ Petition, in the interest of justice. Counsel for the Petitioners: M/s. MARELLA SRILAKSHMI Counsel for the Respondent No.1: GPFOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT’ Counsel for the Respondent Nos.2 & 3: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER I 1 p APHC010579752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30262/2024 Between: Pantadi Lakshmi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.MARELLASRILAKSHMI Counsel for the Respondent(S): 1. M Krishna Rao SC for ski vzm kkd Municipal Corporations 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ...RESPONDENT(S) L y 2 / , ORDER. under Article 226 of the is filed by the petitioners This Writ Petition is of India seeking Mandamus for the following relief: Constitution nature of Writ of “...to issue an appropriate Respondents more Mandamus declaring ® 2 to 4 in not considering the particularly the 'pW/oners on 10.12.2024 seeking representation made by g^id on the contrary permission to raise the ®o"®f/f"^ eii that Plot preventing them fj sq yards forming part of Idmeasuring ^4.84 52.74 and Town Survey Pradesh as being arbitrary, Kakinada, Kakinada 19(1)(g) and 300-A of the illegai and violative of ;^'1'®'®® by-laws as also Pit's,?:," through possession pattas... ino. learned Standing Counsel of instructions of the dated 23.12.2024, wherein for sanction of the matter came up for hearing Today when for respondent Nos.2 Commissioner, Municipal Corporation 2. and 3 has furnished a copy Kakindada 'I filed any application required under the rules. It is have never it is stated that the petitioners building permission along with the plan etc., as their building permission would be got enquired and per the rules. files the petitioners further stated that once applications permission would be provided under the rules, they accorded subject to their eligibility and as as has requested this for building permission as sought , the counsel for the petitioners In view of the same court to permit him to submit the application 3. 1 by the respondents and requested to direct the respondents to consider the same in accordance with law. In view of the same, the Writ Petition is disposed of permitting the petitioners to submit the building permission application, within a period of two weeks from the date of copy of this order, as per the rules. Thereafter, the same may be processed in accordance with law within a period of four weeks. Till such time, no coercive action shall be initiated as against the petitioners’ schedule property i.e., all that Plot admeasuring 44.84, 52.74 and 64.17 sq. yeards, forming part of Town Survey No.40, situated at Yetimoga Area, Block VI of Kakinada (Kakinada District), Andhra Pradesh. No order as to costs. 4. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. SD/- M. PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Develop Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh The Commissioner, Kakinada Municipal Corporation,Kakinada, Kakinada District, Andhra Pradesh -533001 The Town Planning Officer, Kakinada Municipal Corporation Kakinada, Kakinada District, Andhra Pradesh-53300 The Tahsildar, Kakinada Urban, Collector Office Road, Kakinada. One CC to M/s. Marella Srilakshmi, Advocate [OPUC] One CC to Sri M. Krishna Rao, SC for Municipal Corporation[OPUC] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. 9. oSoS.b HIGH COURT DATED:03/01/2025 of X 2 8 JAN 2025 o & ^ , Current Section ORDER WP.No.30262 of 2024 DISPOSING OF THE W.P. WITHOUT COSTS