APHC010645862023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY ,THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33303/2023 Between: Dr Bhogaraju Pattabhi Seetharamayya Memorial Building ...PETITIONER AND Tne State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. VENNA KALYAN CHAKRAVARTHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. V SESHA KUMARI 4. GP MUNCIPAL ADMN AND URBAN DEV AP HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33303 of 2023 ORDER: 1. The present writ petition is filed to declare the action of respondents in stalling the allotment proposed by respondent No.2 vide File No.REV02- 22023/1/2022-ASSIGNMENTS I SEC-CCLA, allotting Ac.2.00 cents in R.S.No.371-1A, S.W.No.IV of Machilipatnam Town and Mandal for construction of Convention Hall, Museum, Library in the memory of Late Dr.Bhogaraju Pattabhi Seetha Ramayya, as illegal and arbitrary. 2. The petitioner is a registered Society. An extent of Ac.2.00 cents in R.S.No.371/1A of S.W.No.IV of Machilipatnam Town and Mandal was allotted by respondent No.2-the Chief Commissioner, Land Administration, Vijayawada, vide File No.REV02-22023/1/2022-ASSIGNMENTS I SEC-CCLA under CCLA’s Ref.No.Land Alienation.1(B)/7/2022-1 dated 25.04.2022. In the said proceedings, Respondent No.3 directed to handover advance possession of the land in favour of Union Bank of India for construction of Bhogaraju Pattabhi Seetha Ramayya Memorial Building Complex at Machilipatnam. In pursuance thereto, respondent No.3 i.e., District Collector, Krishna District, vide orders bearing No.Rc.E1/e-924675/2022 also directed respondent No.6 to handover the advance possession of the property referred above to the petitioner. In compliance of the instructions, respondent No.6, on 30.04.2022 vide proceedings Rc.A.43/2022 delivered possession. 3. Respondent No.6 also addressed a letter to the Commissioner, Machilipatnam Municipal Corporation, seeking their consent for alienating the proposed lands and Council Resolution is yet to be passed. Though petitioner has been pursuing with the respondents, the sale document was not executed. As the petitioner is unable to proceed with the construction of the Convention Hall, Museum and Library, in the name of Dr.Bhogaraju Pattabhi Seetha Ramayya, the present writ petition is filed. 4. In the counter filed by respondent No.4 i.e., Machilipatnam Municipal Corporation, it was pleaded that unless and until Machilipatnam Municipal Council gives consent in the form of resolution, the land cannot be allotted to the petitioner and that the petitioner has no locus standi to dictate as to what items should be included in the Municipal Councils resolutions. However, the allotment of land and the consequential advanced possession in favour of the petitioner is not in dispute. 5. Respondent No.5 i.e., Mayor, also filed counter on similar lines. 6. Heard Sri Venna Kalyana Chakravathi, learned counsel for the petitioner, learned Government Pleaders for Municipal Administration and Urban Development, Co-operation, Revenue and Ms.V.Sesha Kumari, learned counsel for the respondents. 7. Dr.Bhogaraju Pattabhi Seetha Ramayya was the founder of the erstwhile Andhra Bank (Union Bank) and Freedom Fighter. On a request of Senior Public Representative, who is a Member of Parliament of Machilipatnam Constituency, steps were taken to allot the land to an extent of Ac.2.00 cents at the District Head Quarters at Machilipatnam. The Chief General Manager, Union Bank of India (Andhra Bank merged with Union Bank of India) also addressed a letter to allot Ac.2.00 cents for the purpose mentioned above. Taking into consideration the request made by the then Member of Parliament, Machilipatnam Constituency, the District Collector, Krishna District, had submitted a representation to the Hon’ble Chief Minister for allotment of land. On endorsement by the Hon’ble Chief Minister that “land can be given”, the present extent of land of Ac.2.00 cents was identified for allotment. 8. Taking note of the above, the Chief Commissioner, Land Administration issued proceedings dated 25.04.2022 vide CCLA reference No.Land Alienation.1(B)/7/2022-1 dated 25.04.2022 in favour of Union Bank of India for the purpose mentioned above. It was mentioned that the allotment is being made pending consent of Police Department and regular alienation subject to the condition that the allottee i.e., Union Bank of India shall abide by the conditions which would be mentioned in the orders of the Government under BSO24 in terms of G.O.Ms.No.57/Revenue dated 14.09.2012. As the decision to allot the land was taken at the highest level, it would be appropriate for respondent No.4 to examine the same so as to enable the decision making process to the logical end. In view of the above, the writ petition is disposed with the following direction: “(i) Respondent No.4 shall consider the proposal and examine the feasibility to give consent for alienation in favour of the Union Bank of India for construction of Dr. Bhogaraju Pattabhi Seetha Ramayya Memorial Building and Administrative Complex as expeditiously as possible. (ii) No order as to costs.” 9. Accordingly, the Writ Petition is disposed of. As a sequel, miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date:21.04.2025 RKS