APHC010635922015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24497/2015 Between: M/s.divis Biotech Pvt.ltd ...PETITIONER AND Prl Secy M A Dept 2 Ors and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENKATA RANGADAS KANURI Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)- 26141/AP/1393/19993 2. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4. J DILEEP KUMAR The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus and declare the action of the respondents in not according permission for change of land use from Residential to Commercial in respect of the petitioner’s land admeasuring 4791.86 Sq.mtrs in Sy.No.237 part and 240 part situated at Madhurawada, Visakhapatnam as illegal, arbitrary and violative of Article 14 and 300-A of the Constitution of India and apart from being violative of principles of natural justice and consequently direct the respondents to grant permission for change of land use from residential to commercial in respect of the petitioner’s plot duly setting aside the Endorsement dated 30-06-2015 issued by the 3rd respondent as not in accordance with law and pass…” 2. Today, when the matter came up for hearing, Sri A.Vamsi Krishna, learned Standing Counsel appearing for the respondent No.2 has produced a copy of instructions issued by the Chief Urban Planner, VMRDA, wherein it is stated that the subject site covered in Sy.Nos237/part & 240/part of Madurawada Village, Visakhapatnam Rural Mandal is earmarked as ‘Mixed Use Zone-I’ as per Sanctioned Master Plan-2041 vide G.O.Ms.No.136 MA and UD Dept., dated 08.11.2021, wherein the ‘building with composition of two or more uses into one Building such as Residential, Commercial, Hotel, Restaurants, Retail Shops, Laundry, Parking lots etc., are allowed/ permitted.’ Therefore, the request of the petitioner for change of land use from Residential to Commercial is already been complied in the Sanctioned Master Plan-2041 and as such requested to close the writ petition. 3. Recording the said instructions, this Court is of the opinion that the cause in the writ petitioner does not survive for further adjudication. 4. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 02.01.2025 SRT 236 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.24497 of 2015 Date: 02.01.2025 SRT