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[3460 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6119 OF 2025 Between: v" i i. ' • Eda Nagaiah, S/o Late E. Sambaiah, Aged 74 years. Occ Retd. Employee R/o HNo 21-34/15(1. Viman Nagar. NAD. Visakhapatnam. ...PETITIONER/S
1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Municipal Secretariat, Velagapudi, Administration and Urban , Development Guntur. 2. Greater Visakhapatnam Municipal Corporation Commissioner, Dwaraka Nagar, Visakhapatnam. 3. Town Planning Officer, Greater Visakhapatnam Municipal Corporation Dwaraka Nagar. Visakhapatnam. 4. Ward Administrative Secretary, Visakhapatnam. Rep. by its Gopalapatnam No 1 Ward ...RESPONDENT/S
Petition under Article 226 of the Constitution of India is filed 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 the respondents 3 and 4 interfering with the petitioner's building construction despite obtaining Building permit No 1086/3811/B/Z8/GON/2024 15.11.2024 issued by the 3rd respondent, admeasuring 220sqyds in survey No 59/15 in Plot No 9 of Gopalapatnam Village, Visakhapatnam District, without any recourse to law, as illegal, irregular, irrational and arbitrary, unjust and violative of Articles 14 and 21 of constitution of India and consequently direct the respondents 3 and 4 not to interfere with the petitioner's building construction admeasuring 220 sqyds in survey No 59/15 in Plot No 9 of Gopalapatnam Village, Visakhapatnam District, without recourse to law. dated any lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 3 and 4 not to interfere with the petitioner's building construction admeasuring 220sqyds in survey No; 59/15 in Plot No: 9 of Gopalapatnam Village, Visakhapatnam without any recourse to law pending disposal of the above writ petition. District, Counsel for the Petitioner(s):SRI.
District, Counsel for the Petitioner(s):SRI. M SOLOMON RAJU Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents: SRI S S.C. BOSE, STANDING Counsel The Court made the following:
APHC010121912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6119/2025 Between:
1.EDA NAGAIAH, S/0 LATE E. SAMBAIAH, AGED 74 YEARS, OCC RETD. EMPLOYEE R/0 HNO 21-34/15/1, VIMAN NAGAR, NAD, VISAKHAPATNAM. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2.GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, DWARAKA NAGAR, VISAKHAPATNAM. 3.TOWN PLANNING OFFICER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, DWARAKA NAGAR, VISAKHAPATNAM. 4.WARD ADMINISTRATIVE SECRETARY, GOPALAPATNAM NO 1 WARD, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner:
1.M SOLOMON RAJU Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6119 of 2025
ORDER:
1. The present Writ Petition is filed declaring the action of the Respondent Nos.3 and 4 in interfering with the Petitioner’s building obtaining . construction despite No. 1086/3811/B/Z8/GON/2024 Building Permit dated 15.11.2024, issued by the Respondent No.3, admeasuring 220 Sq. Yards in Sy.No.59/15 in PIpt No.9 of Gopalapatnam Village, Visakhapatnam District, without any recourse to law, as illegal and arbitrary.
2. At the time of hearing M/s. Solomon Raju, learned counsel for the Petitioner submits that subsequent to filing of the a Provisional Notice was issued Writ Petition
10.03.2025. Questioning the same, W.P.No. 10536 of 2025 is filed. Hence, the learned counsel for the Petitioner seeks permission of the Court to withdraw the Petition, with a request to grant liberty to the Petitioner to raise all the on present Writ ^ grounds in W.P.No.10536 of 2025.
3. Permission is accorded.
4. Accordingly, the Writ Petition is dismissed, as withdrawn, granting liberty to the Petitioner to raise all the grounds in W.P.No. 10536 of 2025. No costs. As a sequel, pending applications, if any, shall stand closed. i - Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR \ //TRUE COPY// \ SECTION OFFICER
To, /
1. One CC to SRI. M SOLOMON RAJU Advocate [OPUC] One CC to SRI S.S.C. BOSE, STANDING Counsel [OPUC] Two CCs to GP MUNCIPAL ADMN AND URBAN DEV AP .High Court Of Andhra Pradesh. [OUT]
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4. Three CD Copies f ■{ < '• ■4 ■ - s J
\ HIGH COURT > DATED :06/05/2025
ORDER WP.No.6119 of 2025 0" % h 1 • SEP 2025 I ^ . Current Mciion .
THE WRIT PETITION IS DISMISSED AS WITHDRAWN WITHOUT COSTS