N. Anand, S/o Late N. Subbarayudu, age 44 years, v. State of Andhra Pradesh,
WP/542/2017 · 2025-01-03
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37928 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37928 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 542 OF 2017 Between:
1. N. Anand, S/o Late N. Subbarayudu, age 44 years,
2. N. Sridhar, S/o Late N. Subbarayudu, age 39 years,
3. N. Jayamma., W/o Late Subbarayudu, age 64 years, (All are R/o Eguva Brahamin Street, Badwel Town & Municipality Y.S.R.District ...PETITIONERS AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration And Urban Development Department
2. The Municipal Commissioner, Badvel, Y.S.R. Kadapa District
3. The Town Planning Officer., Badvel Municipality Office, Badvel, Y.S.R. District
4. Vaileti Verna Sreenivasulu, S/o Verna Narayana, age years R/o Near Door No. 14/59, Sastry Nagar. Badvel, Kadapa
5. Beri Nagarjuna, S/o Chinnaiah, Age 25 years. R/o D.No.14/59, Sastry Nagar. Badvel. Y.S.R. Kadapa District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue order, direction or a writ more particularly one in the may
I nature of Writ of Mandamus, declaring the action of the respondents 2 & 3 in not taking action against the Respondents 4 & 5 by cancelling the permission granted by Proc.No.12/2015/G1, dt.27-04-2016 and not removing the temporary structures and permitting further construction in Sy.No.828/1 of Madakalavaripalli Village, Badvel Mandal, Y.S.R. Kadapa District as arbitrary, illegal, unjust and unconstitutional. I.A. NO: 1 OF 2017fWPMP. NO: 603 OF 2017) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents 2 & 3 to take action against the Respondents 4 & 5 for illegal construction and to stop further construction in Sy.No.828/1 of of Madakalavaripalli Village, Badvel Mandal! Y.S.R. Kadapa District, pending disposal of the writ petition. lA NO: 1 OF 2023 Between: The Municipal Commissioner, Badvel, Y.S.R. Kadapa District ...2"'' RESPONDENT AND
1. N. Anand, S/o Late N. Subbarayudu, age 44 years,
2. N. Sridhar, S/o Late N. Subbarayudu, age 39 years,
3. N. Jayamma., W/o Late Subbarayudu, age 64 years, (All are R/o Eguva Brahamin Street, Badwel Town & Municipality Y.S.R.District ...PETITIONERS
4. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration And Urban Development Department
5.
The Town Planning Officer., Badvel Municipality Office, Badvel, Y.S.R. District
6. Vaileti Verna Sreenivasulu, S/o Verna Narayana, age years R/o Near Door No.14/59, Sastry Nagar. Badvel, Kadapa
7. Beri Nagarjuna, S/o Chinnaiah, Age 25 years. R/o D.No.14/59, Sastry Nagar. Badvel. Y.S.R. Kadapa District ...RESPONDENTS 1 & 3 TO 5 Petition under Rule-12 Sub Rule (ii) of Writ Rules 1977 R/w. Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to the 2nd respondent in the WP No. 542 of 2017 to file the vacate stay petition in the writ petition. Counsel for the Petitioner: SMT. N SHOBA Counsel for the Respondent Nos. 4 & 5: SRI V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER
APHC010673502017 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: 542/2017 Between: N. Anand, S/o Late N. Subbarayudu, Age 44 Years, and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1.N SHOBA Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3.MDSALEEM 4.VR REDDY KOWURI The Court made the following order:
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ORDER; The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief;-
“fo issue order direction or a writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos. 2 and 3 in not taking action against the Respondent Nos. 4 & 5 by cancelling the permission granted by Proc.No.12/2015/G1 dated 27.04.2016 and not removing the temporary structures and permitting further construction in Sy.No. 828/1 of Madakalavaripalli Village, Badvel Mandal, Y.S.R Kadapa District as arbitrary, illegal, unjust and unconstitutional and pass such order or orders When the matter came up for hearing, learned Standing Counsel for Corporation, basing on the 2^'^ respondent’s counter, submits that on receipt of legal notices, a show cause notice vide
2. nd Roc.No.735/2016 dated 01.07.2016 has been issued by the 2 respondent and also initiated action against respondent Nos.4 & 5 by revoking permission accorded in Proc.No.12/2015/G1, dated 27.04.2016 and instructed concerned staff to stop ongoing construction based in Sy.No.828/1 of Madkalavaripalli. In view of the fact that as action has already been initiated
3. against respondent Nos.4 & 5 by revoking permission accorded in Proc.No.12/2015/G1, dated 27.04.2016, this Court is of the opinion that no cause survives in the writ petition for further adjudication.
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4. Accordingly, this Writ Petition is dismissed as infrctuous There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed.
Sd/- N. NAGAMMA assistant registrar //TRUE COPY// FFICER SE To
1. One CC to Smt. N Shoba Advocate [OPUC]
2. One CC to Sri MD Saleem Advocate [OPUC]
3. One CC to Sri V R Reddy Kovvuri Advocate [OPUC]
4. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities Advocate [OPUC] GP for Muncipal Admn and Urban Dev, High Court of
5. Two CCs to Andhra Pradesh. [OUT]
6. Three CD Copies TF
HIGH COURT DATED:03/01/2025
ORDER S 0 3 MAK 2025 I Current Section . ^ WP.No.542 of 2017 cT DISMISSING THE W.P. AS INFRUCTUOUS, WITHOUT COSTS