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2025 DAILYLAW 53927 (AP)

KAKARLA MALLESWARA RAO v. THE STATE OF AP

WP/27486/2025 · 2025-11-16

Gannamaneni Ramakrishna Prasad

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010520262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 27486 OF 2025 Between: 1. KAKARLA MALLESWARA RAO, S/O.RAMA RAO AGED ABOUT 49 YEARS, R/O. D.N0.1-34A, DEVANGULA STREET, THEMBURU, SRIKAKULAM DISTRICT. 2. BHAGADI JAGANNADA RAO, S/O.NARAYANARAO, AGED ABOUT 52 YEARS, R/O. RADHA VALLABHAPURAM, SRIKAKULAM, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE ANDHRA PRADESH REAL ESTATE REGULATORY AUTHORITY, AT VIJAYAWADA, REP. BY ITS MEMBERS 3. M/S DHANYA AND CO, TADEPALLI, GUNTUR DISTRICT, REP. BY ITS MANAGING DIRECTOR CHINTAM RATNA KIRAN KISHORE, S/O. ISSAK ADHIKARI, R/O. FLAT NO.103, BLOCK NO.21, IJM TOWNSHIP, KPHB COLONY, KUKATPALLY, HYDERABAD, TELANGANA STATE, PRESENTLY RESIDING AT FLAT NO.112, E- BLOCK, VAJRA RESIDENCE, 1ST FLOOR, TADEPALLI, GUNTUR DISTRICT. 2 4. S B KULDEEP, S/O. S.B.MAHIPATHI RAO, R/O. 50-725 B, BIRLA COMOUND, KURNOOL, KURNOOL DISTRICT, REP. BY SULUVAI SRINIVASULU, S/O. THIPPANNA, R/O. D.NO.4-29/1, PADMAVATHIPURAM, TIRUPATI RURAL MANDAL TIRUPATI DISTRICT. 5. THE JOINT REGISTRAR, O/O. SUB-REGISTRAR, MANGALAGIRI, MAIN ROAD, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. AKULA KISHAN 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: Heard Sri C.Subodh, Ld. Counsel for the Writ Petitioners and Sri Srinu Babu, Ld. Asst. Government Pleader for Municipal Administration and Sri Akula Kishan, Ld. Counsel appearing for the Respondent No.3. 2. Having regard to the facts of this case and also having regard to the fact that the Appellate Authority that has been constituted under Section 43 of the Real Estate (Regulation And Development) Act, 2016 is now fully functional. In this view of the matter, this Court deems it appropriate to permit the Writ Petitioner to withdraw this Writ Petition with liberty to approach the Appellate Authority. Let the Writ Petitioner file Statutory Appeal within two weeks from the date of the uploading of this Order on the web-site of this Court. 3. Needless to state that the Limitation under Section 64 of the Act shall not be reckoned against the Writ Petitioners from the date of filing of the Writ Petition till date and also for the number days there was no quorum in the Appellate Authority. 3 4. The Writ Petitioners shall also get the benefit for a period of two (02) weeks from the date of uploading of this Order on the web-site of this Court to enable the Writ Petitioners to prepare and file a regular Statutory Appeal. 5. With these observations and directions this Writ Petition is dismissed as withdrawn with liberty as granted above. No order as to costs. 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 17.11.2025 MNR 4 97 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.27486 OF 2025 Dt. 17.11.2025 Mnr