IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11404 OF 2025 Between: 1. M Ramachandra Rao, S/o. Nageswara Rao, Hindu, Male, Age-77 years, H.No.1-1-1/3, Kadakatia, MokkaralaVari Street, Tadepalligudem. 2. M.Naga Malleswara Rao, S/o.Tata Rao, Hindu, Male, Age-68 years Dorala Veedhi, Kadakatia Road, Gollagudem H.No.1-28-12/1 Tadepalligudem. W.G. District. 3. Mokkarala Ravi Kishore, S/o. Naga Malleswara Rao, Hindu, Male, Age- 47 years, H.No.1-28-12/1, Dorala Veedhi,. Kadakatia Road, Gollagudem, Tadepalligudem. W.G. District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principle Secretary, Revenue Dept, Secrateriat Buiidings,Velagapudi, Guntur district. 2. The Revenue Divisional Officer, Tadepalligudem Revenue Division, Office at Tadepalligudem. 3. The Tahasildar, Tadepalligudem Mandal, Tadepalligudem, W.G.District. 4. The Director of Town And Country Planning, Government Of Andhra Pradesh, l/KGM Capital, Ground Floor, Near NRI Flyover, Beside little Village Restaurant, Chinakakani, Mangalagiri, Guntur District-522508. 5. The Tadepalligudem Municipality, Tadepalligudem. W.G.District. Rep by its Commissioner. 6. The Town Planning Officer, Tadepalligudem Municipality, Tadepalligudem, W.G.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 declare the action of the respondents more Particularly Respondent No.2 and 3 Not Considering the Petitioners, Representation dtd.28/02/2025 for granting NOC for utilizing the 40 feet of land towards Existing Road as a way to proposed layout of the Petitioner's as illegal Arbitrary, Violative of Article's 14, 19, 21 and 300 (A) of the Constitutuion of India Consequently direct to the respondents to Consider the Petitioner's Representation for utilizing the 40 feet of land towards existing Road as a way to proposed layout in Petitioner's land an extent of AC.2-79 Cents in Survey No.85/1 situated in Kadakatia Village, Tadepalligudem Municipality and Mandal, W.G.District. lA NO: 1 OF 2025 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 to direct the Respondents to Consider the Petitioner's Representation dtd.28/02/2025 and issue NOC for utilizing the 40 feet of land towards existing Road as a way to proposed layout Permission for Petitioners Land an extent of AC.2-79 Cents in Survey No.85/1 situated in Kadakatia Village, Tadepalligudem Municipality and Mandal, W.G.District., pending disposal of the above writ petition. Counsel for the Petitioner: SRI GINJUPALLI SUBBA RAO Counsel for the Respondent Nos. 1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR MA&UD Counsel for the Respondent Nos. 5 & 6: SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER APHC010222522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11404/2025 Between: ...PETITIONER{S) M Ramachandra Rao and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 4r THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11404/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents more Particularly Respondent No. 2 and 3 Not Considering the Petitioners Representation dated 28.02.2025 for granting NOC for utilizing the 40 feet of land towards Existing Road as a way to proposed layout of the Petitioner’s as illegal, Arbitrary Violative of Article’s 14, 19, 21 and 300 (A) of the Constitution of India Consequently direct to the respondents to Consider the Petitioner’s Representation for utilizing the 40 feet of land towards existing Road as a way to proposed layout in Petitioner’s land an extent of AC. 2-79 Cents In Survey No 85/1 situated in Kadakatia Village, Tadepalllgudem Municipality and Mandal W. G. District and pass such other order. ” Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 2. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondent Nos.2 and 3 to consider the representation dated 28.02.2025 submitted by the petitioner. 3 Learned Assistant Government Pleader for Revenue readily agreed to consider the representation dated 28.02.2025 of the petitioner, if any pending with the respondents. % 4. In view of the submission of the learned Assistant 5. Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh i„ wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to consider the representation dated 28.02.2025 this Court find no other alternative except to issue such direction. In the result, the Writ Petition is disposed of, directing the 6. respondent Nos.2 and 3 to consider and dispose of the representation dated 28.02.2025 filed by the petitioner, after providing opportunity of hearing to the parties concerned, within a period of four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 2019(8) SCALE 544 4 As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- U.SRI DEVI ASSISTANT REGIST^ //TRUE COPY// SECTTdN OFFICER To, 1. The Prinicipal Secretary, Revenue Dept, Secrateriat Buildings, Velagapudi, Guntur district. 2. The Revenue Divisional Officer, Tadepalligudem Revenue Division, Office at Tadepalligudem. 3. The Tahasildar, Tadepalligudem Mandal, Tadepalligudem, W.G.District. 4. The Director of Town And Country Planning, Government Of Andhra Pradesh, l/KGM Capital, Ground Floor, Near NRI Flyover, Beside little Village Restaurant, Chinakakani, Mangalagiri, Guntur District-522508. 5. The Commissioner, Tadepalligudem Municipality, Tadepalligudem . W.G.District. 6. The Town Planning Officer, Tadepalligudem Municipality, Tadepalligudem, W.G.District 7. One CC to Sri Ginjupalli Subba Rao Advocate [OPUC] 8. One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities, Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for MA&UD, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF HIGH COURT DATED:05/05/2025 ORDER ano^ £03 JUN 2125 ^^£?SPATCH^^ 'p. WP.No.11404 of 2025 v3 iir» 69 DISPOSING OF THE W.P., WITHOUT COSTS