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2025 DAILYLAW 45353 (AP)

Gorle Appa Rao, v. The State of Andhra Pradesh

WP/587/2025 · 2025-01-21

V Sujatha

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE V.SUJATHA / WRIT PETITION NO: 587 OF 2025 Between: 1. Gorle Appa Rao, S/o. Late Pothi Naidu, Age 59 years, Occ: Cultivation, R/o. Eedulapaka Bonangi Village, Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 2. Gorle Chinna Appa Rao, S/o. Late Pothi Naidu Age 56 years, Occ: Cultivation, R/o. Eedulapaka Bonangi Village, .Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 3. Gorle Sanyasi Rao, S/o, Late Pothi Naidu, Age 55 years, Occ: Cultivation, R/o. Eedulapaka Bonangi Village, Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. ) 4. Gorle Appala Naidu, S/o. Late Pothi Naidu Age 53 years, Occ: Cultivation, R/o. Eedulapaka Bonangi Village, Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. Petitioners And 1. The State of Andhra Pradesh rep.by its Principal Secretary to the Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anakapalli District at Anakapalli, Erstwhile Visakhapatnam District. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, Anakapalli, Anakapalli District, Erstwhile Visakhapatnam District. 4. The Tahsildar, Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 5. The Village Revenue Officer, Eedulapaka Bonangi Village, Paravada Mandal, Anakapalli District. 6. Eedulapaka Bonangi Gram Panchayat, Rep. by its Executive Authority-cum- Panchayat Secretary, Eedulapaka Bonangi Village, Paravada Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 7. Visakhapatnam Urban Development Authority, Rep. by its Chairman and Managing Director, ’ Visakhapatnam. 8. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 9. The Metropolitan Commissioner, Visakhapatnam Metropolitan Region Development Authority, rep. by its Metropolitan Commissioner, Floor, Udyog Bhavan, Siripuram Junction, Visakhapatnam. 10. The Secretary, Visakhapatnam Metropolitan Region Development Authority, 8*" Floor, Udyog Bhavan, Siripuram Junction, Visakhapatnam. 11. The Director, Directorate of Town and Country Planning Government of Andhra Pradesh, MGM Capital, D. No. 241, NH-16, Near NRI Flyover, Beside little Village Restaurant, Chinakakani, Mangalagiri, GUNTUR-522 503. At 12. The Deputy Director, Directorate of Town and Country Planning, Government of Andhra Pradesh, MGM Capital, D. No. 241, NH-16, Near NRI Flyover, Beside little Village Restaurant, Chinakakani, Mangalagiri, GUNTUR-522503 13. Regional Deputy Director of Town and Country Planning 2^^ Floor, GVMC Community Hail, Behind Tech Mahindra Building, Resapuvanipalem, visakhapatnam - 13. 14. The District Town & Country Planning Officer 2'^'^ Floor, GVMC Community Hall, Behind Tech Mahindra Building, Resapuvanipalem, visakhapatnam - 13. 15. Gorle Padma, W/o. Appa Rao, Age 50 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District Erstwhile Visakhapatnam District. 16. Gorle Simhachalam, S/o Chinnulu, Age 48 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 17. Gorle Yerukunaidu, S/o Chinnulu, Age 52 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 18. Gorle Demudu, S/o Chinnulu, Age 53 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. / r 19. Vinneti Sanyasi Rao, S/o Ramulu, Age 66 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 20. Gorle Demudamma, W/o Peda Appa Rao, Age 48 years, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 21. Yasarapu Kanaka Rao, S/o Somunaidu, Age 48 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 22. Gorle Peda Appa Rao, S/o Appala Naidu, Age 62 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 23. Gorle Yerrayyamma, W/o Simhachalam, Age 60 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 24. Pyla Akkulamma, W/o Simhachalam, Age 55 years, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 25. Bandaru Ramunaidu, S/o Simhachalam, Age 53 years, Occ: Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. ( t f f 26. Rapeti Venkata Appa Rao, S/o Appalanaidu, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District Erstwhile VisakhapatnamDistrict. 27. Bokam Chellaiah, S/o Chinnodu, Age 65 years, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 28. Gorle Jayalakshmi, W/o Bylapudi Appa Rao, Age 43 years, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District Erstwhile Visakhapatnam District. 29. Gorle Kanakaraju, S/o Appa Rao, Age 45 years, Occ; Cultivation, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District Erstwhile Visakhapatnam District. 30. Gorle Srinivasa Rao, S/o. Appa Rao Age 47 years, Occ; Doctor, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 31. Kalidhindi Durgarani, W/o Venkata Satyanarayana, Age 50 years, Occ; Cultivation, R/o. Gorlevanipalem Village • Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile Visakhapatnam District. 32. Bandaru Venkat Rao, S/o. Sanyasi Rao, Age 42 years, Occ; Business, R/o. Gorlevanipalem Village, Eedulapaka Bonangi Mandal, Anakapalli District, Erstwhile 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondents 1 to 14 in not initiating any steps on petitioners representation dt. 10.12.2024 submitted for prevention of illegal constructions in any part of unauthorized and illegal layout plots on the land to an extent of Ac.26.20 cents covered by S.No.273 of Eedulapaka Bonangi Revenue Vilage in Paravada Mandal of Anakapalli District, without obtaining necessary permission for conversion from agriculture to non-agriculture purpose and without approved layout and plans being undertaken by respondents 15 to 31, in violation of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 Andhra Pradesh Town Planning Act, 1920, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them under the provisions of aforesaid statutes and offends Articles 14, 21 land 300- A of Constitution of India and consequently direct the respondents particularly respondents 1 to 14 not to allow illegal constructions in the said lands by demolishing already constructed portion thereof. any lA NO: 1 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 may be pleased to direct the respondents 1 to 14, to initiate necessary steps petitioners’ representation dt. 10.12.2024 submitted for illegal and unauthorized construction being undertaken by respondents 15 to 31 in illegal and unapproved layout plots in agricultural land in an extent of Ac. 26.20 Cents, covered by S.No. 273 of Eedulapaka Bonangi Revenue Village in Paravada Mandal of Anakapalli District, pending disposal of the mam Writ Petition. on 7 Counsel for the Petitioners : SRI PETLURI NAGA RAJU Counsel for the Respondent Nos.1 & 2 and 11 to 14: GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.3 to 5 : GP FOR REVENUE Counsel for the Respondent No.6 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent Nos.7, 9 & 10 : SRI V. SURYA KIRAN KUMAR, SC FOR VUDA Counsel for the Respondent No.8 : SRI A.S.C. BOSE, SC FOR GVMC Counsel for the Respondent Nos.15 to 20 : NONE APPEARED The Court made the following: ORDER / APHC010010512025 / IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 587/2025 Between: Gorle Appa Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner{S): 1.PETLURI NAGA RAJU Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER The Writ Petition came to be filed under Article 226 of Constitution of India seeking the following relief:- “...to issue an order, writ order or direction more particuiarly one in the nature of WRIT OF MANDAMUS declaring the action of respondents particularly respondents 1 to 14 in not initiating any steps on petitioners’ representation dt.10.12.2024 submitted for prevention of illegal constructions in any part of unauthorized and illegal layout plots on the land to an extent of Ac.26.20 cents covered by S.No.273 of Eedulapaka Bonangi Revenue Vilage in Paravada Mandal of Anakapalli District, without obtaining necessary permission for conversion from agriculture to non-agriculture purpose and without approved layout and plans being undertaken by respondents 15 to 31, in violation of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994, Andhra Pradesh Agricultural Land (Conversion for Non- Agricultural Purposes) Act, 2006; Andhra Pradesh Town Planning Act, 1920, as illegal, irregular. Irrational and amounts to non-discharge of legal obligation conferred on them under the provisions of aforesaid statutes and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents particularly respondents 1 to 14 not to allow any illegal constructions in the said lands by demolishing already constructed portion thereof and to pass...” Heard learned counsel for the petitioners and learned Standing counsel 2. appearing for the respondents. / I Today, when the matter came up for hearing, learned Standing Counsel furnished a copy of proceedings vide 3. Rc.No.22028/(37)/10/2023 (e.No.2041446), dated 10.01.2025, of Joint Director, VKPCPIRUDA, Visakhapatnam. Wherein, it is stated that the representation made by the petitioner on 10.12.2024 informing the petitioner Nos.273p, 274p & 275p District (erstwhile regulation scheme 2020 Administration & Urban was considered and accordingly, orders were passed regarding the in-principle layout pattern of E Bonangi Village, Parawad Visakhapatnam) which at survey Mandal, Anakapalli \ was approved under layout as per Go.Ms.No.10, dated 08.01.2020 of Municipal Development Department, Government of Andhra Pradesh. Further, it is also informed that their office have not so far pendency of petitioner fact, that the was also addressed by the proceedings dated 10.01.2025 regularized any plots in the ori cases in different Courts, through registered complaint made by the - private unauthorized layout due The said to proceedings was sent to the post on 11.01.2025 and in view of the petitioner 10.12.2024 respondent Nos.7, 9 and 10 vide no further cause survives. 4. Hence, this Court is of fhe opinion that no further orders Accordingly, this Wri, Petition is dismissed as infructuous. As a sequel, miscellaneous applications shall stand closed. are necessary. pending, if any, in this petition. A SAVITRI GOWRI assistant registrar My SECTION OFFICER //TRUE COPY// To, f 2. T cr lOPUC] Court ofAndhra Prader^'foUT?"”’ Development, High 4. One CC to Sri A.^^C^ 'e^e" SC'for m°'"* Pradesh. [OUT] 5. One CC ot Sri Y. Kotos! o (OPUC) 6. One CC to Sri V Surya Kira! K^°’ Panchayat (OPUC) Three C.D. Copies Cnr HIGH COURT DATED;22/01/2025 ORDER WP.No.587 of 2025 DISMISSING THE W.P. AS INFRUCUTOUS WITHOUT COSTS