S.SUBHASH CHANDRA BOSE, VIJAYAWADA v. PRL SECY, MUNICIPAL ADMN & URBAN DEVT DEPT, HYDERABAD & 2 OT
WP/10465/2015 · 2025-04-23
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53455 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53455 (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 TWENTY FOURTH DAY OF TWO THOUSAND AND TWENTY FIVE APRIL PRESENT honourable SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 27192 OF 9ni/i WRIT PETITION NOr 27192 OF 2014 10465 OF 2015 AND 15441 OF ?ni7 Between: T. Rama Mohana Rao, S/o. Sitaramanjaneyuiu, aged: 71 .2, Koneru Residency. D.No.59-5-12/1 Ashok Nagar, Vijayawada - 8 years, R/o T- Near ITI College Bus Stop, ...Petitioner AND ’ Principal Secretary, Municipal Administration Secretariat Buildings, Saifabad, Hyderabad. 2. Vijayawada Municipal Corporation, Rep, by its Commissioner Vijayawada, Krishna District. ...Respondents Petition under Article 226 of the Constitution the circumstances stated i be pleased to Issue of India praying that in in the affidavit filed therewith, the High Court may an appropriate writ order, or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent dated 08-09-2014 vide proceedings no. Rc.G1-128508/20 14 illegal, arbitrary, unjust, malafide. as without proper application of mind under the Constitution apart from the Justice and to and contrary to the rights guaranteed violation of principles of Natural consequently direct the
respondents not to interfere with the lift and its structural provisions to the apartments named Koneru Residency made in an extent of 419.8 Sq.Yards covered by D.No.59-5-12/1 in R.S.No.2/2 of Patamata, Ashok Nagar, Vijayawada, Krishna District including its demolition. ^ H '■I.A. NO: 1 OF 2014(WPMP. NO: 34049 OF 2014) % 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 issue an interim stay of all further proceedings pursuant to the order of the 2nd respondent dated 08-09-2014 vide proceedings no. Rc.GI- 128508/2014 including the dismantle or demolish the lift and its structural provisions to the apartments named Koneru. Residency made in an extent of 419.8 Sq.Yards covered by D.No.59-5-12/1 in R.S.No.2/2 of Patamata, Ashok Nagar, Vijayawada, Krishna District during the pendency of the writ petition. I.A, NO: 1 OF 2015(WVMP. NO: 83 OF 2015) Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, Krishna District. ...Petitioner/2"^ Respondent AND
1. T. Rama Mohana Rao, S/o. Sitaramanjaneyulu, aged; 71 years, R/o T- 2, Koneru Residency, D.No.59-5-12/1, Near ITI College Bus Stop, Ashok Nagar, Vijayawada - 8 ...Respondent/Writ Petitioner
2. State of A.P. rep., by its Principal Secretary, Municipal Administration, Secretariat Buildings, Saifabad, Hyderabad.
...Respondent/Respondent 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 vacate the stay order 34049 of 2014 in W.P.No. 27192 of 2014 interest of justice and the facts of the Counsel for the Petitioner.SRI. K JYOTHI Counsel for the Respondent No.
URBAN DEV passed dated 12-9-2014 in W.P.M.P.No. and dismiss the Writ Petition in the case. PRASAD 1: GP FOR MUNCIPAL ADMN AND Counsel for the Respondent No. MUNICIPALITIES 2: SRIASCBOSE SC FOR WRIT PETITION NO: 10465 OF 2ni.<; Between:
M 5 ?2/1 G2 K o ' 70 years, R/o L Ashok Nagar, Vijayawada-520008 now in USA, rep.by his GPA Holder S.Somasekhar Rao. ...Petitioner AND ' IdL^lshafcrrUrr'n"''; secretary. Municipal
2. Vijayawada Municipal Corporation, Vijayawada. 3. T.Rama Mohan Rao, S/o Seetaramanjaneyulu K/0 T2, Koneru Residency, H No 59
520008. X rep. by its Commissioner, aged about 69 years, -5-12/1, Ashok Nagar. Vijayawada- Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to i praying that in the High Court may issue an appropriate writ, order or direction particularly one in
the nature of writ of Mandamus directing the respondent No.2 to remove the lift unauthorized arranged in Koneru Residency at D.No.59-5-12 /1, Ashok Nagar, Vijayawada declaring its inaction as illegal and ultra vires to the provisions of Article 14 of the Constitution of India besides being in violation of Hyderabad Municipal Corporation Act and the Rules framed thereunder on the subject. I.A. NO:
1 OF 2015(WPMP. NO: 13816 OF 2015) 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 respondent No.2 to stop operation of the lift in Koneru Residency at D.No.59-5-12/ 1, Ashok Nagar, Vijayawada, forthwith, pending disposal of the above writ petition. Counsel for the Petitioner; SRI.
V S R ANJANEYALU Counsel for the Respondent No. 3: SRI K JYOTHI PRASAD Counsel for the Respondent No. 2: SRI A S C BOSE SC FOR MUNICIPALITIES Counsel for the Respondent No. 1: GP For MUNCIPAL ADMN AND URBAN DEV WRIT PETITION NO: 15441 OF 2017 t Between; Koneru Sasi Kumari, W/o Sivaramakrishna Prasad, aged about 60 years, R/o G1, Koneru Residency, H.No.59-5-12/ 1, Ashok Nagar, Vijayawada. ...Petitioner AND
1. state of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat Buildings at Hyderabad. 2. Vijayawada Municipal Corporation, rep. by its Commissioner, Vijayawada. 3. T.Rama Mohan Rao, S/o Seetaramanjaneyulu, aged about 69 years, R/o T2, Koneru Residency, H.No.59-5-12/1, Ashok Nagar, Vijayawada. ...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 an appropriate writ, order or direction particularly one in the nature of writ of Mandamus directing the respondent No.2 to remove the lift in Koneru Residency at Door No.59-5-12/1, Ashok Nagar, \/ijayawada in pursuance of the proceedings in Rc.G1-128508/2014, dated 8.9.2014 and the proceedings in Rc.No.G1/128508/2014, dated 4.10.2014 issued by it, declaring its inaction as illegal, besides being violative of Article 14 of the Constitution of India and in violation Municipal Corporation Act. r the provisions of the Hyderabad I.A. NO: 1 OF 2017(WPMP. NO: 19055 OF 20171 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 respondent No.2 to seize the lift in Koneru Residency at Door No. 59-5-12j^l, Ashok Nagar, Vijayawada, pending disposal of the writ petition. Counsel for the Petitioner: SRI.
VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent No. 1: GP FOR MUNCIPAL ADMN AND URBAN DEV
Counsel for the Respondent No. 2: SRI A S C BOSE SC FOR MUNICIPALITIES Counsel for the Respondent No. 3: SRI K JYOTHI PRASAD The Court made the following Common Order:
APHC010565972014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) F [3460] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2719?/?ni4 Between: T. Rama Mohana Rao, ...PETITIONER AND State Of A P Rep By Its Principal Secretary and ...RESPONDENT'S) Others Counsel for the Petitioner:
1.K JYOTH! PRASAD Counsel for the Respondent(S):
1.CNAGESWARA RAO 2.T BALASWAMI 3.TS VENKATARAMANA 4.GP-I\/IUNCIPAL ADMN AND URBAN DEV(AP)
5. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
2 APHC010730722015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ [3460] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10465/2015 Between; ...PETITIONER S.subhash Chandra Bose, Vijayawada AND ...RESPONDENT(S) Pr!
Secy Municipal Admn Urban Devt Dept Hyderabad 2 Ot and Others Counsel for the Petitioner: 1.VSRANJANEYALU Counsel for the Respondent(S):
1.T BALASWAMl 2.T S VENKATARAMANA 3.AS CBOSE 4.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 5.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 6.K JYOTHI PRASAD
3 APHC010017912017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [^0 [3460] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSANDAND TWENTYFIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15441/2017 Between: Koneru Sasi Kumari ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1 .VAJJHALA SATYANARAYANA PRASAD Counsel for the Respondent(S):
1.TS VENKATARAMANA 2.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4.K JYOTHI PRASAD The Court made the following:
4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.27192 of 2014, 10465 of 2015 & 15441 of 2017 COMMON ORDER: The Writ Petition No.27192 of 2014 is filed to declare the order of the 2"*^ respondent dated 08.9.2014 vide proceedings No.Rc.G1- 128508/2014 as illegal and arbitrary and not to interfere with the lift and its structural provisions to the apartment named Koneru Residency made in an extent of 419.8 Square Yards covered by D.No.59-5-12/1 in R.S.No.2/2 of Patamata, Ashok Nagar, \ Vijayawada, Krishna District. As per the impugned
order the petitioner was directed to remove the unauthorized construction of lift ( \ within three days. The Writ Petition No.10465 of 2015 & 15441 of 2017 are
2. filed to direct the respondent No.2 to remove the lift unauthorizedly arranged in Koneru Residency at D.No.59-5-12/1, Ashok Nagar, Vijayawada in pursuance of the proceedings in Rc.GI-128508/2014, dated 08.9.2014 which is impugned in W.P. No.27192 of 2014. Sri K.Jyothi Prasad,
learned counsel for the Writ
3. Petitioner in W.P. No.27192 of 2014, filed a memo stating that the building was regularized by the respondent authorities vide
5 proceedings No.BPSA/IJ/C3/30/0243315 dated 20.12.2016 and that view, no cause survives for adjudication.
4. A perusal of the material on record goes to show that the building had been regularized in connection to the said proceedings No.BPSA/IJ/C3/30/0243315 dated
20.12.2016. such, nothing survives for adjudication in the writ petitions. Accordingly, the Writ Petitions infructuous. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. in As are dismissed Sd/- K KASIRAO ACHARI assistant registrar //TRUE COPY// SECTION OFFICER To, /'
1. One CC to Sri K Jyothi Prasad Advocate
2. One CC to Sri ASC Bose SC for
3. One CC to Sri V S R [OPUC] Municipalities [OPUCJ Anjaneyalu Advocate [OPUC]
4. One CC to Sri Vajjhala Satyanarayana Prasad Advocate [OPUC]
5. Two CCS ot GP for Municipal Admin And Urban Dev, High Court Of Andhra Pradesh [OUT]
6. Three CD Copies GSC
HIGH COURT DATED:24/04/2025 i I2JUN 2025 \ £^spatch^ COMMON ORDER WP.Nos. 27192 of 2014,10465 of 2015 and 15441 of 2017 DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS