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2025 DAILYLAW 50784 (AP)

CHIKATAMARLA VENKATA SUBBA RAO v. THE STATE OF AP

WP/27299/2025 · 2025-10-07

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010525412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27299/2025 Between: 1. CHIKATAMARLA VENKATA SUBBA RAO, S/O. VENKATESWARLU, AGED ABOUT 47 YEARS,OCC PRIVATE EMPLOYEE, R/O. D.NO. 37- 1-169/16,VYSYA BHAVAN, BESIDE SUBHAMASTHU SHOPPING MALL, KURNOOL ROAD, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH, OFFC 3 TO 5 FLOORS, PRIME HILLCREST,VADDESWARAM, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DIRECTORATE OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF ANDHRA PRADESH, GROUND FLOOR,MGM CAPITAL, BEHIND DR. NTR VAIDYASEVA TRUST, MANGALAGIRI, ANDHRA PRADESH - 522508. 4. THE ONGOLE URBAN DEVELOPMENT AUTHORITY OUDA, REP. BY ITS VICE-CHAIRMAN, SANTHAPETA, 3RD LINE,NEHRU VEEDHI, ONGOLE, PRAKASAM DISTRICT. 2 5. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, BAPATIA DISTRICT, BAPATLA. 6. THE REVENUE DIVISIONAL OFFICER, CHIRALA REVENUE DIVISION, BAPATLA DISTRICT. 7. THE TAHSILDAR, KORISAPADU MANDAL, BAPATLA DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, KORISAPADU MANDAL, BAPATIA DISTRICT. 9. THE PANCHAYAT SECRETARY MEDARAMETIA GRAMA PANCHAYAT, KORISAPADU MANDAL, BAPATIA DISTRICT. 10. THE PLANNING OFFICER, ONGOLE URBAN DEVELOPMENT AUTHORITY, SANTHAPETA, 3RD LINE, NEHRU VEEDHI, ONGOLE, PRAKASAM DISTRICT. 11. MANDUVA PRASANNA LAKSHMI, W/O. VENKATA SUBAIAH, R/O. MANDUVAVARIPALLEM VILLAGE, ONGOLE MANDAL, PRAKASAM DISTRICT. ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, a), declaring the inaction of respondents in considering the representations and notice dated 25-04-2023, 05-12-2024 and 16-12-2024 preventing and removing unauthorized layouts in Survey No.591, Medarametia Village, Korisapadu Mandal, Bapatia District, as being arbitrary, illegal, violative of Articles 14 and 300-A of the Constitution of India, Violation of APMR and UDA Act and Judicial pronouncements, and consequently. b). Direct the respondents to take immediate steps to demolish, stop, and remove the illegal and unauthorized layout and constructions being carried out by the unofficial respondents in Sy. No.591, Medarametia Village, Korisapadu Mandal, Bapatia District, including the petitioners Ac.0.09 cents of land and c). Further direct the Sub-Registrar, Addanki, not to register any further documents relating to unauthorized layouts in Sy. No.591, till due approval is granted by the competent authority and pass. 3 IA 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 Pleased to direct the espondents to forthwith stop all constructions, developments activities being undertaken in Survey No.591, Medarametia Village, Korisapadu Mandal, Bapatla District, in the venture styled as Sri Vasavi Residency, pending disposal of the above writ petition and pass. Counsel for the Petitioner: 1. C B ADARSH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 ORDER:- The petitioner is seeking a limited prayer of a direction to the respondent authorities to consider his representations and pass necessary orders. It is submitted that the petitioner is in possession and enjoyment of land admeasuring Ac.0.09 cents in Survey No.591, Medarametla village, Korisapadu Mandal, Bapatla District. 2. The petitioner, after having purchased the property, had a survey conducted and the boundaries demarcated by the competent authority. It is alleged that the unofficial respondents, in active connivance with the other official respondents is in the process of including the petitioner’s land in the proposed development layout of the 9th respondent. In this regard, the petitioner has submitted several representations to the respondent authorities. However, none of the representations have been considered by the concerned respondents. 3. Considering the limited prayer of the petitioner that the respondents would have to pass necessary orders on the representations submitted and also considering that the Mandal Surveyor had demarcated the petitioner’s property way back in the year 2022, notice to the 9th respondent is dispensed with as this Court deems it appropriate to dispose off the writ petition by directing the concerned respondents to consider the representation dated 16.12.2024 and pass necessary orders by duly informing all concerned including the 9th respondent. 5 4. In these observations, this writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 08.10.2025 SR