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2025 DAILYLAW 44457 (AP)

LOVE - N - CARE MINISTRIES v. THE STATE OF ANDHRA PRADESH

WP/21297/2024 · 2025-04-28

Nyapathy Vijay

body2025

Judgment text

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2^;' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21297 OF 2024 Between: LOVE - N - Care Ministries, Rep. by its Secretary Dr. Rev. Paidpamula Yesupadam S/o. Late P.Raja Ratnam, Aged about 70 years, Administrative office at Pothula Mallayya palem Visakhapatnam -530 041, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Department of Municipal Administration Secretariat Building, Velagapudi, Thulluru Mandal, Guntur District, A.P. 2. The Chief Commissioner of Land Administration, Gollapudi, Vijayawada, Krishna District. 3. The District Collector, Visakhapatnam District Visakhapatnam -530 002. 4. The Greater Visakhapatnam Municipal Corporation, (GVMC) Rep. by its Commissioner, Nehru Nagar, Ramnagar, Visakhapatnam, Visakhapatnam 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 any Writ Order or Direction more particularly a writ in the nature of MANDAMUS by declaring the inaction of the 4 respondent/commissioner GVMC in granting approval of plan for construction of 100 bedded hospital on the application of the petitioner institution submitted under BA No. 1086/3306/B/ZA/MAJ/2022,dt. 13.06.2022 as arbitrary, illegal and unconstitutional and consequently direct the 4**^ respondent /Commissioner Greater Visakhapatnam Municipal th Corporation to grant approval of plan for construction of 100 bedded hospital on the land at Ac.5.00 cents in Survey No. 109 (2) of Bakkannapalem Village, Visakhapatnam Rural Mandal, Visakhapatnam District. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4*^ respondent/ Commissioner ,Greater Visakhapatnam Municipal Corporation to consider the approval of plan for construction of 100 bedded hospital on the land of five acres in survey No.109 (2) of Bakkannapalem village, Visakhapatnam Rural Mandal, ignoring non deletion of the said land from the prohibitory list of land U/S.22A of the Registration Act, pending disposal of the main writ petition. Counsel for the Petitioner : SRI Y. SUBRAHMANYAM Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : GP FOR LAND ADMINISTRATION Counsel for the Respondent No.4 : SRI J. DILIP KUMAR, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010404952024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21297/2024 Between: 1.LOVE - N - CARE MINISTRIES, REP. BY ITS SECRETARY DR. REV. PAIDPAMULA YESUPADAM S/0. LATE P.RAJA RATNAM, AGED ABOUT 70 YEARS MALLAYYA PALEM VISAKHAPATNAM-530 041, VISAKHAPATNAM DISTRICT. ADMINISTRATIVE OFFICE AT POTHULA ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT, A.P. DEPARTMENT OF MUNICIPAL ADMINISTRATION THULLURU MANDAL, 2.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT VISAKHAPATNAM -530 002. 4.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, NEHRU NAGAR, (GVMC) REP. BY ITS COMMISSIONER, RAMNAGAR,VISAKHAPATNAM,VISAKHAPATNAMDISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.YSUBRAHMANYAM 2 Counsel for the Respondent(S): 1.J DILEEP KUMAR 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; 3 n. HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21297 of 2024 ORDER: Sri Y.Subrahmanyam, learned counsel for the petitioner seeks permission of the Court to withdraw the revision petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Y. Subrahmanyam, Advocate [OPUC] Two CCs to GP for Municipal Admn and Urban Development High Court of Andhra Pradesh. [OUT] l^o^CCs to GP for Land Administration High Court of Andhra Pradesh. One CC to Sri J. Dilip Kumar, SC for Municipality (OPUC) Three C.D. Copies. 2. 3. 4. 5. Cnr HIGH COURT DATED:29/04/2025 g ^5 MAY 2025 m Current Section , ^!&®PATCHEO^ ORDER WP.No.21297 of 2024 DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS