IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TWENTY THIRD DAY OF JANUARV?^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1270 OF 2025 o' O o O. Between: Kadiyala Srinivasa Rao, S/o. Late. Kadiyala Krishna Rao Aged about 50 Years, Occ Retd Pvt Employee, R/o. Visakhapatnam, Visakhapatnam District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Municipal Administration and Urban Department, Velagapudi Amaravati, Guntur District, Andhra Pradesh. 2. The Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Visakhapatnam, Andhra Pradesh. 3. The Greater Visakhapatnam Municipal Corporation, Represented by its Zonal Commissioner, Gajuwaka Zone, Zonal Office -6, 26-1-20 Road, Opp Municipal Office. Chinagantyada, Sri Nagar, Gajuwaka, Visakhapatnam, Andhra Pradesh. 4. The Visakhapatnam Municipal Corporation, Resented by its employee, Sri. Kommuri Pothuraju, S/o. Kommuri Appa Rao, Gajuwaka Zone, Visakhapatnam, Andhra Pradesh. 5. Sri. Javvadi Ramana, S/o. Sanyasi, Age Not known, R/o. Visakhapatnam, Andhra Pradesh. 6. Sri. Alluri Srinivasulu, S/o. Alluri Venkayya, Age Not known, R/o. Q.No. 333/d, Sector -8, Ukkunagaram, Visakhapatnam, Andhra Pradesh. 100 feet A r. Smt. Alluri Radhika, W/o. Alluri Srinivasulu, Age Not known, R/o Q No 333/d, Sector -8, Ukkunagaram, Visakhapatnam, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the piraTd 7""^^ therewith, the High Court may be to ,ssue an appropriate writ, order or direction partioulariy in the nature Of Writ of MANDAMUS declaring the action of the Respondents mote of the 4‘^ Respondent -Municipality any applications with respect to LRS construction of the individual residential particularly Kommuri Pothuraju, Employee in threatening the Petitioner without filing scheme and BRS scheme for building and Building Permissions with the help 274/k 077 n, admeasuring 300 Sq.yards in Sy. No. 74/5, 277, Plot No. Das per Sri Balajinagar Layout Pian, Greater Visakha Limits, and preventing the approval of the LRS of the higher officials i - situated at Desapathrunipalem Village Visakhapatnam which Registered Sale Deed No. Parwada Mandal, was purchased through my lawful vendors vide 4809/2006 dated 22-07-2006 as illegal, arbitrary, of articles 14, 19 and 300-A unjust and Improper and violative of the Constitution of India. LA NO: 1 OF ?nri; Pefflion under Section 151 CPC praying that in the circumstances stated affidavit hied in support of the writ petition, the High Court direct the Respondents enjoyment of the in the may be pleased to not to interfere into the peaceful possession and Sale Deed No. process of law property purchased through Registered 4809/2006 dated 22-07-2006 without foliowing due as contemplated under the Act. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court pleased to DIRECT the Respondents to regularize the lands property belongs to the Petitioner purchased through Registered Sale Deed No. 4809/2006 dated 22-07-2006 under the Regularization of Unapproved Layouts and Plots Rules, 2020 while collecting the requisite fee for regularization and permit the Petitioner application for Building Permission in the interest of justice. may be in respect of the provisions of Andhra Pradesh to file the Counsel for the Petitioner: SRI V Y PRABHUVU Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN DEVELOPMENT Counsel for the Respondents No.2,3: SRI A S C BOSE Counsel for the Respondents No.4,5,6,7: URBAN The Court made the following: ORDER IT 2XAPHC010025452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 127n/?n?*i I r [3333] Between: Kadiyala Srinivasa Rao ...PETITIONER AND The State of A.P. and others Counsel for the Petitioner: 1.VYPRABHUVU Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ...RESPONDENT(S) 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue an appropriate writ, order or direction particularly in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly Kommuri Pothuraju Employee of the 4'^ Respondent Municipality in threatening the Petitioner without filing any applications with respect to LRS scheme and BRS scheme for construction of the individual residential building and preventing the approval of the LRS and Building Permissions with the help of the higher officials in respect of land admeasuring 300 Sq.yards in Sy.No.274/5, 211, Plot No ‘D’ as per Sri Balajinagar Layout Plan, situated at Desapathrunipalem Village, Greater Visakha Limits, Parwada Mandal, Visakhapatnam which was purchased through his lawful vendors vide Registered Sale Deed No. 4809/2006 dated 22.07.2006 as illegal, arbitrary, unjust and improper and violative of articles 14,19 and 300-A of the Constitution of India ” The case of the petitioner is that, he is the absolute 2. owner and possessor of land admeasuring 300 Sq.yards in Sy.Nos.274/5, 277, in Plot No.’D’ as per Sri Balajinagar Layout plan situated at Desapthrunipalem village, Parawada Mandal, GVMC, having purchased the same from one Maganti Ramachandra Prasad under registered sale deed bearing document No.4809/2006, dated 22.07.2006. b) It is the further case of the petitioner that the vendor of the petitioners vendors through their GPA holders Karri Ramunaidu and Pilla Narsinga Rao got executed the registered sale deeds in favour of petitioner’s vendor for the purpose of development of land admeasuring Ac.0-08 cents in Sy.No.274/5 and Ac.0-04 cents in Sy.No.277. While so, some unknown persons namely Pilla Sanyasi Rao, Pilla Satya Rao, Pilla Ramana, Pilla Narasinga Rao and Pilla Venkta Ramana have c) 3 fradulently executed two documents claiming the property as ancestral vide document No.3361 of 2010 and 1326/2018 registered in the Sub-Registrar’s office, Lankelapalem. Taking advantage of the said illegal and fraudulent transactions, those persons are claiming title, ownership over the property of the petitioner, for which, they filed O.S.Nos.82/2023, 89/2023 and 90/2023 before the learned I Additional Junior Civil Judge, Anakapalle, which are still pending. d) While so, petitioner’s vendor filed an application under RTI Act to the Sub-Registrar, Sabbavaram on 01.09.2022 seeking certain information. Pursuant to which, the sub Registrar vide RTI No.23/2022, dated 23.09.2022, furnished information stating that as per the records of SRO, a General Power of Attorney has been registered vide document No.41/1987, dated 24.04.1987 and a sale deed bearing document No.1486/1987 was also refering to a link document of said GPA No.41/1987, wherein it was mentioned that Pilla Mahalakshmi, S/o Pilla Appala Swamy and his minor children have executed GPA in favour of Karri Ramanayudu and Pilla Narsinga Rao, Sureddy Babu Vidya Sagar in respect of land an extent of Ac.0-04 cents in Sy.No.275/5 and Ac.0-08 cents in Sy.No.277 situated at Desapatrunipalem Village, Visakhapatnam District. e) While so, Tatineni Srinivasa Rao who is one of the purchaser of other plots, made a representation to the District Collector, Anakapalle complaining about the false and fabricated documents alleged to have been created by the unofficial respondents and thereby encroaching into the subject 4 0^ land. Pursuant to the said representation, the Special Deputy Collector, API 1C, Visakhapatnam appointed District Revenue Officer, Anakapalli vide orders dated 29,03.2023 for conducting an inspection and to submit the report. Thereafter, the Special Deputy Collector has also addressed a letter to the Tahsildar, Parawada Mandal on 04.04.2023 directing him to appear on 11.04.2023 for conducting enquiry in respect of the land in question. The Special Deputy Collector in the presence of Tahsildar and Mandal Revenue Inspector, Parawada conducted survey with Village FMB in respect of land in Sy.No.27^5 admeasuring Ac.0-04 cents and in Sy.No.277 admeasuring Ac.O- 08 cents, recorded the names of the unofficial respondents. However, on verification of the documents and original sale deeds submitted by the complainant i.e., Tatineni Srinivasa Rao it was observed that the unofficial respondents got double registrations in respect of the subject matter land and on thorough verification and examination of the records, it was confirmed that the complainant and the petitioner have already purchased their respective plots, and hence, pattadar passbooks issued in favour of unofficial respondents have to be cancelled. However, Tahsildar, Parawada Mandal submitted a report vide f) Rc.No.328/2023/AA, dated 29.09.2023 stating that since double transactions took place in favour of Pilla Mahalakshmi and Pilla Venkata Ramana, recommended for cancellation of their pattadar passbooks in Sy.No.274/5 for an extent of Ac.0-04 cents and Sy.No.277 for an extent of Ac.0-08 cents and ultimately submitted report for cancellation of pattadar passbooks issued in 5 favour of unofficial respondents. As the respondent authorities did not take any action on the representation made by the complainant, the present writ petition is filed. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1 and Mr.A.S.C.Bose, learned Standing Counsel appearing for respondentNos.2 and 3. Today, when the matter came up for hearing, learned Standing Counsel furnished a copy of instructions, wherein it is stated that the petitioner’s land falls in Sy.No.274/5, 277, Plot No.D as per Sri Balajinagar Layout plan of Desapatrunipalem Village, Parawada Mandal. Further, it is to note that the staff of the respondents’ office neither interfered with the possession of the petitioner’s site nor obstructed any construction activities thereon. However, the petitioner submitted a fresh application regarding regularization of his site under the LRS Scheme, which is a scheme for the regularization of unapproved layouts and plots issued by MA&UD, as per G.O.Ms.No.10, dated 08.01.2020, wherein it is stated that the petitioner’s application needs to be submitted within 90 days from the date of notification. Therefore, the rules do not permit the submission of new application at this time. The petitioner is advised to await forthcoming scheme or alternatively, pay 14% open space charges while submitting a building application in the online portal. As per the above instructions submitted by the learned Standing Counsel, it is clear that the staff of the respondent authorities neither 3. 4. 5. 6 interfered with the possession of the petitioner’s site nor obstructed any construction activities thereon and also that as of today, the scheme for regularization is not existing. In view of the same, instead of keeping the writ petition, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the peaceful possession of the petitioner over the subject property without following due process of law. However, the petitioner is at liberty to submit an application for regularization of the unapproved layouts and plots in pursuance of subsequent scheme introduced by the Government, if any. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand 6. 7. closed. SDI- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR <4^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Department, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Andhra Pradesh. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Gajuwaka Zone, Zonal Office -6. 26-1-20, 100 feet Road, Opp Municipal Office, Chinagantyada, Sri Nagar, Gajuwaka, Visakhapatnam, Andhra Pradesh. 4. The Employee,Visakhapatnam Municipal Corporation, Sri. Kommuri Pothuraju, S/o. Kommuri Appa Rao, Gajuwaka Zone, Visakhapatnam, Andhra Pradesh. m 8. One CC to SRI. V Y PRABHUVU, Advocate [OPUC] 9. Two CCs to GP FOR MUNCIPAL ADMN URBAN Court of Andhra Pradesh. [OUT] 10. One CC to SRI. A S C BOSE, Advocate [OPUC] 11. Three C.D.Copies DEVELOPMENT, High nm HIGH COURT DATED:23/01/2025 ORDER WP.No.1270 of 2025 19 FEB 2025 o ^ . Current Section . DISPOSING OF THE WP WITHOUT COSTS