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2025 DAILYLAW 41216 (AP)

Mohammad Sirajuddin Sharif v. The State of Andhra Pradesh

WP/26279/2022 · 2025-12-30

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.26279_2022 APHC010428652022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26279/2022 Between: 1. MOHAMMAD SIRAJUDDIN SHARIF, S/O. MOHAMMAD SHARIF, AGED 56 YEARS, OCC- GOVT. SERVICE, R/O. NEAR WATER TANK, B.D. COLONY, TANGELLAMUDI, ELURU CITY, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 3. THE TOWN SURVEYOR, ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 2nd respondent in not entertaining any application for approval of building plan for construction of petitioner residential building in Plot No.20 admeasuring 308 Sq. Yards in T.S.No. 64/1 of S.P.Ward, situated at 29th Division, Chandraguptha Colony, Tangellamudi, Eluru, Eluru District within 2nd respondent's Municipal 2 HN, J W.P.No.26279_2022 Corporation Limits and insisting him to pay LRS Fee (Layout Regularization Scheme), without there being any authority or sanction of law, as illegal. irregular, arbitrary, violative of principles of natural justice, contrary to the provisions of The Greater Hyderabad Municipal Corporation Act, 1955 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2' respondent to receive, process and approve his building plan without insisting him to pay LRS Fee (Layout Regularization Scheme) and to pass IA NO: 1 OF 2022 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 pleased to direct to receive process and approve petitioner application for approval of building plan and permission for construction of his residential building in Plot No.20 admeasuring 308 Sq. Yards in T.S.No. 64/1 of S.P.Ward, situated at 29th Division, Chandraguptha Colony, Tangellamudi. Eluru, Eluru District within 2nd respondent's Municipal Corporation Limits without insisting him to pay LRS Fee (Layout Regularization Scheme), pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SARATH KUMAR D Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.26279_2022 ORDER: 1. The learned counsel appearing for the petitioner seeks permission of this Court to withdraw the present Writ Petition, in order to enable the petitioner to avail and work out appropriate and efficacious alternative remedies available to them under law in respect of the subject matter of the writ petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition stands dismissed as withdrawn, with a liberty to the petitioner to avail such other remedies as may be open to them in accordance with law, including filing a fresh petition, if so required. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:31.12.2025 NKA 4 HN, J W.P.No.26279_2022 202 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26279 of 2022 Date: 31.12.2025 NKA