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2025 DAILYLAW 38877 (AP)

G. Seetha Rambabu v. The State of Andhra Pradesh,

WP/34073/2013 · 2025-02-05

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY^ TWO THOUSAND AND TWENTY FIVE PRESENT . HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34073 OF 2013 Between: G. Seetha Rambabu, S/o Atchuta Rao, aged about 46 years, R/o D-No: 14-213, Occ: Cultivation Vanaparthi Street, Gangareddygudem, West Godavari District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development, Department, Secretariat, Hyderabad. 2. Nagara Panchayat, Rep by is Commissioner, West Godavari District 3. Chintala Samuial, S/o Yesudas, aged about 45 years, R/o D-No: 9-1- 160, Munsiff Street, Jangareddygudem, West Godavari 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 may be pleased to issue Writ of Mandamus or any appropriate Writ, order or direction, declaring the action of the 2^^ respondent in not considering petitioner’s representation Dt. 4.11.2013 and 16.9.2011 is as illegal, arbitrary, principles of natural justice and to issue a consequential directing the 2^^ respondent to not to issue any permission to the 3'"'^ respondent for construction of church by considering his representation Dt. 4.11.2011 and 16.9.2011 by ensuring that the 3'^'^ respondent would not use the premises measuring 16.20 Sq.mt in R.S. No. 298/2 of D-No. 9-1-160, Munsiff Street, Jangareddygudem except for residential purpose. ^ s l.A. NO: 1 OF 2013fWPMP. NO: 42396 OF 2013) 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 2 4.11.2011, 16.9.2011. nd respondent to consider representation Dt's. Counsel for the Petitioner: SRI VENKAT CHALLA Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.3:™ The Court made the following: ORDER APHC010790422013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY .THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34073/2013 Between: G. Seetha Rambabu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VENKAT CHALLA Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities 2.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER:- This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “...to issue Writ of Mandamus or any appropriate Writ, order or direction, deciaring the action of the respondent in not considering petitioner’s representation Dt.4.11.2013 and 16.9.2011 is as iiiegai, arbitrary, principles of natural justice and to issue a consequential direction directing the 2"^^ respondent not to issue any permission to the 3'"^ respondent for construction of church by considering his representation Dt.4.11.2011 and 16.9.2011 by ensuring that the 3'"^ respondent would not use the premises measuring 16.20 Sq.mt in R.S.No.298/2 of D.No.9-1- 160, Munsiff Street, Jangareddygudem except for residential purpose...” Today when the matter came up for hearing, learned Standing Counsel 2. rd for Municipalities has brought to the notice of this Court that the 3 respondent was granted building permission for the construction of a G+2 residential building and it is further stated that, as of today, the 3^^ respondent has constructed only the ground floor and has not utilized the said building for any church as alleged by the petitioner. But however, it is also the fact that the representations made by the petitioner are kept pending. In view of the same, instead of going into the merits, this Court feels it appropriate to dispose of the writ petition by directing the 2"^ respondent to pass appropriate orders on the representations made by the petitioner on 04.11.2013 and 16.09.2011, if they are pending for consideration before them, within a period of two (02) weeks, from the date of receipt of copy of this 3. order, in accordance with law. 6 With the above direction, the Writ Petition is disposed of. No order as to 4. costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Nagara Panchayat, West Godavari District 3. One CC to Sri Venkat Challa, Advocate [OPUC] 4. One CC to M/s.Sireesha Rani Vallabhaneni, Standing Counsel for Municipalities [OPUC] 5. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. To ssb HIGH COURT DATED:05/02/2025 ORDER WP.No.34073 of 2013 I 2 5 FEB 2025 Current becuon DISPOSING OF THE W.P. WITHOUT COSTS