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2025 DAILYLAW 41947 (AP)

CHEBROLU VEERANJANEYULU v. THE STATE OF AP

WP/31314/2023 · 2025-12-01

Harinath N

body2025

Judgment text

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APHC010605812023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31314/2023 Between: 1. CHEBROLU VEERANJANEYULU, S/O VENKATA SUBBARAO, HINDU, AGED ABOUT 68 YEARS, R/O D.NO.L 1-32-12, CHALLARNRAJU STREET, I-TOWN, VIJAYAWADA, KRISHNA DISTRICT. 2. GHEBROLU KAMALA KUMARI,, W/O VEERANJANEYULU, HINDU, AGED ABOUT 67 YEARS, OCC HOUSE WIFE, R/O D.NO.L 1-32-12, CHALLARNRAJU STREET, I-TOWN, VIJAYAWADA, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2. VIJAYAWADA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA, N.T.R.DISTRICT, ERSTWHILE KRISHNA DISTRICT. 3. K MADHUSUDHANA RAO, S/O. NOT KNOWN TO THE PETITIONER, HINDU, AGED ABOUT 55 YEARS, R/O. HIG - 328 (OLD HIG - 35), H.B. COLONY, BHAVANIPURAM, VIJAYAWADA, NTR DISTRICT (ERSTWHILE KRISHNA DISTRICT). ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the HN, J W.P.No.31314_2023 2 High Court may be pleased topleased to issue a Writ or order or direction more particularly one in the nature of WRIT OF CERTIORARI calling for the records pertaining to the proceedings issued by the Respondent No.2 vide R.C.No.GS- 105555/2023 dated 18.10.2023 in declaring that the Petitioners have violated the building permit order No. B.A.NO.1073/0966/B/VMC/HB/2019 and declaring that the Petitioners have converted the parking area into a Godown, which warrants interference therefore directing the Petitioners to remove the construction in the parking area with regard to house bearing No.76-1-1 of A.P.H.B. colony, Bhavanipuram village, Vijayawada, N.T.R. District, Erstwhile Krishna District without proper discussion and findings with regard to the notices alleged to have served on the Petitioners as nothing but illegal, arbitrary, erroneous and violative of the procedure contemplated under The Municipal Corporation Act, 1955 apart from violation of Articles 14, 21 and 300A of Constitution of India and consequently set aside the proceedings issued by the Respondent No.2 vide R.C.NO.G5-105555/2023 dated 18.10.2023 and pass IA NO: 1 OF 2023 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 grant stay of all further proceedings pursuant to the proceedings issued by the Respondent No.2 vide R.C.No.GS- 105555/2023 dated 18.10.2023 pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. MOGULURU ISWARYA 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. S.V.S.S.SIVARAM SC For VMC HN, J W.P.No.31314_2023 3 The Court made the following 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. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 02.12.2025 NKA HN, J W.P.No.31314_2023 4 292 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.31314 of 2023 Date: 02.12.2025 NKA