APHC010161822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8279 OF 2025 Between: M/s. S B Developers, A Regd. Firm No.66/2006, Door No.69-31-15/1 SB Icon, Opp FCI Godowns, Narayanapuram, Rep. by one of its Partners Pulavarthy Lakshmana Swamy, s/o late Sri PVANR Krishnananda Rao, Hindu, aged 55 years. Business, Rajamahendravaram, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Municipal Administration Department, Secretariat, Velagapudi, Guntur District. 2. The Director of Town and Country Planning, Guntur. 3. Rajamahendravaram Municipal Corporation, rep by its Commissioner, Rajamahendravaram, East 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action on the part of the Respondent no.3 by making marking for digging a drainage in a width of 6ft in the Layout Plot Nos.7,8,9 and 10 into the Petitioner’s Layout iand as per the Revised - , Layout Pian under TLP.NO.156/2016/R, dt.20-09-2016 (L.P.No. 105/91 and Revised L.P.No.30/2007), over an extent of Ac. 10-60 cents, in R.S.No.l37, t: Bhaskara Nagar, Rajamahendravaram Municipai Corporation area, despite the Compiaint given by the Petitioner in PGRS on 10-03-2025, still proceeding with the digging into the iand of the Petitioner, without issuing any Acquisition Proceedings or otherwise, is nothing but arbitrary, unlawfui, highhanded, unreasonable, unjustified, and in violation of the Fundamental Rights of the Petitioner guaranteed under Art.300-A of the Constitution the Principles of Natural Justice, by consequently directing Respondent not make any type of construcfion of drainage or otherwise in the Layout Land as per the Petitioners Layout land as per the Revised Layout Plan under TLP. NO. 156/2016/R, and in violation of no.3 dt.20-09-2016 (L.P.No.105/91 L.P.No.30/2007), over an extent of Ac. 10-60 cents, in R.S.No.l37, Bhaskara Nagar, Rajamahendravaram Municipal Corporation and Revised area. lA NO: 1 OF 7()9fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court Grant Interim Orders of Direction by directing proceed with any type of digging of fhe drainage in the Layout Land and in particular in the Layout Plot Nos.7,8,9 & 10, under TLP.No.156/2016/R may be pleased to Respondent no.3 not to as per the Revised Layout Plan and Revised in R.S.No.137 Bhaskara area, until further orders dt.20-09-2016 (L.P.No.105/91 L.P.No.30/2007), over an extent of Ac. 10-60 cents, Nagar, Rajamahendravaram Municipal Corporation of this Hon'ble Court, pending disposal of Writ Petition. Counsel for the Petitioner: P RAJESH BABU Counsel for the Respondent Nos. URBAN DEV AP 1 & 2: GP FOR MUNCIPAL ADMN AND Counsel for the Respondent No.3: SRI A.S.C.BOSE, STANDING COUNSEL FOR MUNICIPAL CORPORATION The Court made the following: APHC010161822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY JHE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8279/2025 Between: S B Developers ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. P RAJESH BABU Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 8279 of 2025 ORDER: 1. The present Writ Petition is filed declaring the action on the part of the respondent No.3 by making marking for digging a drainage in a width of 6 feet in the Layout Plot Nos.7, 8, 9 and 10 into the petitioner’s Layout land as per the Revised Layout Plan under TLP No. 156/2016/R, dated 20.09.2016 (L.P.No.105/91 and Revised L.P.No.30/2007), over an extent of Ac. 10-60 cents, in R.S.No.137, Bhaskara Nagar, Rajamahendravaram Municipal Corporation area. The learned Standing Counsel appearing for respondents 2. based on instructions signed by the Commissioner, Municipal Corporation, Rajamahendravaram, has stated that the petitioner’s property is not being interfered with. The relevant portion of the instructions is extracted below: “In view of the upcoming monsoon, the linking of drainage system is taken up in the larger interest of the general public of newly merged Lalacheruvu Grama Panchayat. No piece of land covered the newly constructed drain as alleged by the petitioner. Hence there is no any tress pass into the writ 3 schedule property. In view of the above, no further orders are necessary. 3. Accordingly, the Writ Petition is closed. No order as to 4. costs. As a sequel, miscellaneous Petitions, if any, shall stand closed. Sd/- U. SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI. P RAJESH BABU, Advocate [OPUC] 2. Two CCs to GP FOR MUNCIPAL ADMN AND Court of Andhra Pradesh [OUT] 3. One CC to SRI A.S.C.BOSE, STANDING COUNSEL CORPORATION [OPUC] 4. Three CD Copies URBAN DEVAP, High FOR MUNICIPAL MKP sree HIGH COURT DATED;20/06/2025 ORDER WP 8279/2025 CLOSING THE W.P. WITHOUT COSTS