Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 48903 (AP)

K. Dinakar Reddy, v. The Principal Secretary of Housing Dept,

WP/23586/2020 · 2025-09-23

B Krishna Mohan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010354792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23586/2020 Between: 1. K. DINAKAR REDDY,, S/O K. KESAVULU REDDY, D. NO 19-588/1A, MESONICAL COLONY, MITTOOR, CHITTOOR, ANDHRA PRADESH- 517001. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY OF HOUSING DEPT, ANDHRA PRADESH SECRETERIAT,VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE DISTRICT COLLECTOR, , CHITTOOR DISTRICT, CHITTOOR, ANDHRA PRADESH 517001 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, CHITTOOR,CHITTOOR DISTRICT, ANDHRA PRADESH -517001. 4. THE TAHSILDHAR, CHITTOOR MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH 517001. ...RESPONDENT(S): 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 topleased to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in laying layout which is very near about 150 meters radius in Bandapalli / Thalambedu village no's194 and 134 with survey numbers 556 (Old Survey no.1) and 169 to an extent of 4.950 hectors, alloted for mining purpose without following due 2 BKM,J W.P.NO.23586 OF 2020 process of law as illegal, arbitrary and in violation of the principle of the natural justice and consequently direct the respondents to identify the alternate place for the purpose of layout. The action of the respondents grossly violated the Articles 14, 21 and 300A of the Constitution of India and direct the respondents to stop layout works to be alloted for the public Navaratnalu Pedhalandariki Illu, stay and pass IA NO: 1 OF 2020 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 direct the respondents to stop the layout works for the purpose of public housing which violates my regulations to the authority at bandapalli/ thalambedu Village, Chittoor District in the survey number allotted for the granite quarring by granting stay and pass Counsel for the Petitioner: 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 BKM,J W.P.NO.23586 OF 2020 ORDER No representation for the petitioner. 2. Heard the learned Assistant Government Pleader for the respondent Nos.1 to 4. 3. Though this Court directed the Mining Department be made as a party respondent vide order dated 11.12.2020, the petitioner did not take any steps to comply with this order. 4. This writ petition was filed questioning the action of the respondents in laying layout which is very near about 150 meters radius in Bandapalli/ Thalambedu village no's.194 and 134 with survey numbers 556 (Old Survey no.1) and 169 to an extent of 4.950 hectors, allotted for mining purpose without following due process of law. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities concerned will follow the due procedure with respect to the subject land. 6. In view of the above said facts and circumstances, the respondent Nos.2 to 4 are directed to deal with the subject land in survey numbers 556 (Old Survey no.1) and 169 to an extent of 4.950 hectors in Bandapalli/ Thalambedu village No's.194 and 134 strictly in accordance with law, if so warranted, for any public purpose and if not already utilized by now for the above said housing scheme. 4 BKM,J W.P.NO.23586 OF 2020 7. Accordingly, this Writ Petition is disposed of. However, the petitioner is permitted to pursue the above said suit pending before the Civil Court. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 24.09.2025 LSP 5 BKM,J W.P.NO.23586 OF 2020 237 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 23586/2020 24.09.2025 LSP