IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY. THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31648 OF 2018 Between: 1. Vuppalapati Lakshmi, W/o Venkatapathi Raju, Aged about 62 years, 1- 206/3, Sujatha Nagar, Pendurthi Mandal, Visakhapatnam Dist. 2. Sagi Chittitalli, W/o Gopalaraju, Aged about 56 years, 1-6/1, Chinnamushidivada, Pendurthi Mandal, Visakhapatnam Dist 3. Uppalapati Kumari, W/o Ramachandra Raju, Aged about 48 years, 1- _ 7^ Old Adivivaram, Simhachalam Mandal, Visakhapatnam Dist. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary (Municipal Administration), Secretariat, Velagapudi, Guntur District. 2. The Visakhapatnam Urban Development Authority, Rep by its Vice- Chairman, Visakhapatnam, Visakhapatnam District. 3. The Greater Visakhapatnam Municipal Corporation, Rep by its Commissioner, Visakhapatnam. 4. Uppalapati Pedda Appala Raju (DIED), S/o late Appala Raju, Aged about 70 years, 41-174, Old Adivivaram, Simhachalam, Visakhapatnam 5. Tirumalaraju Raghupathi Varma, S/o late Appala Raju, Aged about 55 years, old Adivivaram, Simhachalam, Visakhapatnam District 6. Uppalapati Venkata Krishnam Raju, S/o Late U.Pedda Appala Raju Aged about 46 years, R/o 41-174, Old Adavivaram , Simhachalam Visakhapatnam. .■ VV''' ^ 1 7.' yuppalapati Lakshmi Koridamma, W/o Late U.Pedda Appala Raju Aged^about 62 years, R/o 41-174, Old Adavivaram , Simhachalam Visakhapatnam 8. Sagi Sobha Rani, D/o Late U.Pedda Appala Raju, Aged about 46 years, R/o 41-174, Old Adavivaram , Simhachalam, Visakhapatnam. (RR 6 to 8 are brought on record as L.Rs of the deceased respondent no.4 as per the Court Order dt.26.09.2024. vide orders passed in I.A.No. 01 of 2020.) ...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, order or direction, especially one in the nature of Writ of Mandamus declaring of the action of the Commissioner of the 3rd respondent in taking steps to incorporate the name of the 5th respondent in TDR No.2/2015 stood in the name of Tirumalaraju Subba Lakshmi issued by the 2nd respondent in lieu of compensation for the lands taken possession in S.No. 129/1 of Paradesipalem, Visakhapatnam, without following the procedure and putting the petitioners on notice, as illegal, arbitrary, violative of principles of natural justice and consequently direct the Commissioner of the 3rd respondent desist from transferring the TDR No. 2/2015 in the name of the 5th respondent or using the remaining 10,794 Sq.yards till the Civil Court resolve the issue lA NO: 1 OF 2018 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 Commissioner of the 3rd representations to consider the representations dated 8-01-2018, 12-03-2018, 25-07-2018 in connection with transfer of name in TDR No.2/2015 issued by the 2nd respondent and also not issue utilization of 10,974 Sq.yards, pending disposal of the above Writ Petition Counsel for the Petitioners: SRI V V RAVI PRASAD Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV (AP) Counsel for the Respondents No.4 to 8: SRI G RAMA GOPAL Counsel for the Respondent No.2: SRI V SURYA KIRAN KUMAR, SC FOR VMRDA, MUDA Counsel for the Respondent No.3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: Order APHC010655842018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31648/2018 Between: Vuppalapati Lakshmi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.VVRAVI PRASAD Counsel for the Respondent(S): 1.V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.G RAMA GOPAL 4.GP MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ...RESPONDENT(S) 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, especially one in the nature of Writ of Mandamus declaring of the action of the Commissioner of the 3rd respondent in taking steps to incorporate the name of the 5th respondent in TDR No.2/2015 stood in the name of Tirumalaraju Subba Lakshmi issued by the 2nd respondent in lieu of compensation for the lands taken possession in S.No. 129/1 of Paradesipalem, Visakhapatnam, without following the procedure and putting the petitioners on notice, as illegal, arbitrary, violative of principles of natural justice and consequently direct the Commissioner of the 3rd respondent desist from transferring the TDR No. 2/2015 in the name of the 5th respondent or using the remaining 10,794 Sq.yards till the Civil Court resolve the Issue and pass. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Sri. A.S.C. Bose, learned Standing Counsel for respondent Municipal Corporation. 2. 3. Today when the writ petition came up for hearing, learned counsel for the petitioners has submitted that the petitioners have already filed O.S.No.58 of 2022 on the file of 11 th Additional District Judge, Visakhapatnam seeking same relief as was requested in the present writ petition. In view of the fact that the relief sought by the petitioners in the civil suit vide O.S.No.58 of 2022 on the file of 11‘^ Additional District Judge, Visakhapatnam and in the present writ petition is one and the same, this Court feels it appropriate to close the present writ petition and direct the petitioners to contest their case before the court below. 4. S' Accordingly, this writ petition is closed. There shall be no order 5. as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR ^ECTI^^ //TRUE COPY// OFFICER To, I ‘4 1. One CC to SRI V V RAVI PRASAD Advocate [OPUC] 2. One CC to SRI G RAMA GOPAL, Advocate [OPUC] 3. One CC to SRI V SURYA KIRAN KUMAR, SC FOR VMRDA AND MUDA [OPUC] 4. One CC to SRI A S C BOSE, Standing Counsel for Visakhapatnam Municipal Corporations [OPUC] 5. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV (AP), High Court of Andhra Pradesh [OUT] 6. Three CD Copies gsg «• HIGH COURT DATED: 06/02/2025 ORDER 0" % X 0 5 MAR 2025 | ^ . Current Section NiLksPATC^?5i>^ WP.No.31648 of 2018 CLOSING THE WP WITHOUT COSTS