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2025 DAILYLAW 38509 (AP)

G.Srinivas Reddy, v. The Municipal Corporation,

WP/2547/2012 · 2025-07-16

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

V ■ 5 APHC010721742012 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) 0S THURSDAY.THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.j^ WRIT PETITION NO: 2547 OF 2012 Between: G.Srinivas Reddy,, S/o Adishesha Reddy, age 49 years, Occ: Business, R/o H.No. 15-420, Venkatrampuram, 1st Line, Beside Heritage Milk Shop, Near Vizay Mahal Gate, Nellore, Sri Potti Sriramulu Nellore District. ...Petitioner AND The Municipal Corporation, rep.by its Commissioner, Nellore, Sri Potti Sriramulu Nellore District. A Ramanaiah, s/o Venkataiah, not known, R/o D.No.25-3-70, 1st Street, Laxminarasimhapuram, Lake View colony, Nellore, Sri Potti Sriramulu Nellore District. 1. 2. ...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 or order or direction more particularly one in the nature of writ of Mandamus to declare that the issuance of the L.R.S.890/2008/G3, revised in the interest of justice and equity. ^ dt.24-5-2011 is arbitrary, illegal and unsustainable by bringing into L.P.No.34/95 thereby set aside the same jA NO: 1 OF 2012(WPMP 3175 ^ni?:) Petition under Section 151 CPC in the affidavit filed i suspend the operation of the impugned proceedings issued L.R.S.890/2008/G3. dt;24-5-2011 by the 1st the mam Writ Petition in the interest of justice and equity.^ Counsel for the Petitioner: SRI A RADHAKRISHNA ^ Counsel for the Respondent No. 1: SRI A S CORPORATION Counsel for the Respondent No. 2: SRI T SREEDHAR The Court made the following order: praying that in the circumstances stated m support of the petition, the High Court may be pleased to in respondent pending disposal of C BOSE SC FOR MUNICIPAL APHC010721742012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] C>3 .T ■■ -• THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2547/2012 Between: 1.G.SRINIVAS REDDY,, S/0 ADISHESHA REDDY, BUSINESS, R/0 H.NO.15-420, VENKATRAMPURAM, 1ST LINE, BESIDE HERITAGE MILK SHOP, NEAR VIZAY MAHAL GATE, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. ...PETITIONER AND 1.THE MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTRICT. 2.A RAMANAIAH, S/0 VENKATAIAH, NOT KNOWN, R/0 D.NO.25-3-70, 1ST STREET, LAXM INARAS IMHAPU RAM, LAKE VIEW COLONY, NELLORE, SRI POTTI SRIRAMULU NELLORE DISTR ...RESPONDENT(S): Counsel for the Petitioner: 1.A RADHAKRISHNA Counsel for the Respondent(S): 1.T SREEDHAR 2. 3.B HANUMANTHA RAO The Court made the following: 2 ORDER:- The petitioner is aggrieved by the proceedings dated 24.05.2011 whereby the regularization proceedings issued in favour of the 2""' respondent were revoked/cancelled by the 1®‘ respondent. It is submitted that the petitioner purchased the plot from the 2""^ respondent and has been in possession of the same. The property was purchased in the year 2008 from the 2"^^ respondent. It is further submitted that the impugned proceedings were passed three years after the petitioner purchased the property. '*1 2. However, based on a complaint received from an Advocate, the 1®‘ respondent has unilaterally revoked/cancelled the plot regularization proceedings. It is submitted that the petitioner is the affected party and the 1®' respondent could not have resorted to such action. 3. No counter-affidavit is filed, though the writ petition is of the year 2012. 4. The learned Standing Counsel appearing for the 1®‘ respondent requests time. Be that as it may, the only question to be considered is whether the 1®* respondent was justified in issuing the impugned proceedings without issuing notice to the petitioner, who claims right, title, interest, and possession of the property. This Court is of the considered view that the 1®* respondent could not have issued the impugned proceedings without issuing any notice to the petitioner. Accordingly, the impugned proceedings are hereby set aside. 5. N 3 Accordingly, this Writ Petition is allowed. The 1®* respondent is at liberty to take appropriate steps in accordance with law. There shall be no order as to 6. costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M.RAIVSESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Commissioner, Municipal Corporation, Nellore, Nellore District. 2. One CC to Sri. A Radhakrishna Advocate [OPUC]^ 3. One CC to Sri. T Sreedhar Advocate [OPUC]^ 4. One CC to Sri A S C Bose SC for Municipal Corporation [OPUC] 5. Two CD Copies Sri Potti Sriramulu GSC HIGH COURT DATED:17/07/2025 ORDER WP NO. 2547 OF 2012 5^ 01 AUG 2025 o\ ALLOWING THE WP WITHOUT COSTS