SANAPALA SRINIVASAM v. The State of Andhra Pradesh,
WP/10502/2025 · 2025-04-30
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52288 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52288 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10502 OF 2025 Between: Sanapala Srinivasam, S/o. Late Sanapala Surya Narayana, aged 64 years R/at D.No. 39-17-11/41, Madhav Towers, Ashok Nagar, Flat No. 403 Madhavadhara, Visakhapatnam. ...PETITIONER AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Visakhapatnam Metropolitan Region Development Authority (VMRDA), Rep. by its Metropolitan Commissioner. ...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 the Respondent No. 2 authorities herein in unilaterally and high handedly erecting the board VMRDA Layout in my vacant house plot to an extent of 608 Sq. Yards situated in Sy. No. 14/1 A, Madhavadhara Village, Visakhapatnam and claiming it to be auctioned shortly as illegal, arbitrary, violative of principles of natural justice and contrary to Article 14, 19, 21 and 300-Aof Constitution of India and consequently direct the Respondent No. 2 authorities not to interfere with the peaceful possession and enjoyment of
1 the Petitioner over his property to an extent of 608 Sq. Yards situated in Sy. No. 14/1A, Madhavadhara Village, Visakhapatnam. 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 Respondent No. 2 authorities not to interfere with the peaceful possession and enjoyment of the Petitioner over his property to an extent of 608 Sq. Yards situated in Sy. No. 14/1 A, Madhavadhara Village Visakhapatnam.
Counsel for the Petitioner : SRI ADARSHITHA KILARU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI SOMISETTY GANESH BABU SC FOR VMRDA The Court made the following: ORDER
APHC010203652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10502 OF 2026 Between; Sanapala Srinivasam ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:
1.ADARSHITHA KILARU Counsel for the Respondent(S):
1.SOMISETTY GANESH BABU SC For VUDA and MUDA 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following;
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10502 OF 202*^
ORDER: I The writ petition is filed to declare the action of the respondent No.2 in erecting the board VMRDA Layout” in the vacant house plot of the petitioner to an extent of Ac.608 Sq.Yards situated in Sy.No.14/1A, Madhavadhara Village, Visakhapatnam, as illegal and arbitrary. The petitioner claims to be the
2. owner of the property pursuant to a possessory sale agreement executed on 12.12.1984 for a valid consideration of Rs. 12,000/- and paid deficit Stamp duty and penalty of Rs.5,000/- and Rs.30,000/- respectively. The petitioner also refers to the vendor’s right to the schedule property in the affidavit. While so, it is further stated that the petitioner had filed O.S.No.154 of 2020 before the I Additional Junior Civil Judge, Visakhapatnam, seeking permanent injunction against the 3 / rd party-Sri Gandreddy Eswar Rao and obtained an ex-parte decree on 16.03.2021 to that effect. While so, the respondent authorities had put up the board despite claiming that the property is forming part of Plot No.290 of VMRDA Layout and hence, the present writ petition is filed. 3. The learned Standing Counsel passed on the instructions of the Secretary, VMRDA, Visakhapatnam, wherein it is stated that the concerned wing of the corporation erected boards with an intent to safeguard the assets of the VMRDA. It is also mentioned that the writ petitioner has submitted
representation dated 07.04.2025 and also furnished flow of title. It is stated that the representation of the petitioner is under verification by the authority with the available records and the petitioner was also requested to appear personally and furnish rightful documents for further verification. 4. In view of the same, the Writ Petition is disposed of leaving it open to the petitioner to pursue his claim before the respondent authorities. In the event, the respondent authorities did not concur with the claim of the petitioner regarding his title to the property, the petitioner is at liberty to approach the competent Civil Court as the issue pertains to title of the property. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER Velagapudi, Amaravati, Guntur District. and Secretariat Buildings
3. OneCCto Sri Adarshitha Kilaru, Advocate Court of Andhra Pradesh. [OUT]
5. One CC to Sri Somisetty Ganesh Babu
6. Three C.D. Copies.
[OPUC] Urban Development, High SC for VMRDA (OPUC) Cnr
r HIGH COURT 1? DATED:01/05/2025
ORDER WP.No.10502 of 2025 S5j *( 0 1 AUG 2025 1 •ntSectioiiX* o Co j ^2 DISPOSING OF THE W.P.
WITHOUT COSTS