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2025 DAILYLAW 55611 (AP)

GOMPANABILLI RAMASWAMI v. KAREDLA VENKATA MALLIKARJUNA RAO

WA/524/2025 · 2025-04-30

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

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I IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATU THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE - ' PRESENT \0 7^ THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 524 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 03-04-2025 in WP No. 7724/2024 on the file of the High Court. Between: Gompanabilli Ramaswami, S/o Kondadu, Aged 60 yrs, R/at Kothapeta Street, Yellamanchili Muncipality, Visakhapatnam District. ...APPELLANT/5^^ RESPONDENT - AND 1. Karedia Venkata Mallikarjuna Rao, S/o Karedia Appa Rao (Late) Aged 52 yrs, Occ: Business, D.No.22-13, Kothapeta St. Visakhapatnam District. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary (Muncipal Adminstration and Urban Development) Department, Secretariat, Velagapudi, Amaravathi (R-1) 3. The District Collector, Anakapalli District. (R-2) 4. The Yelamanchili Muncipality, Rep.,by its Muncipal Commissioner, Yelamanchili .(R-3) 5. The Town Planning Officer, Yelamanchili Muncipaiity. (R-4) ...RESPONDENTS/ RESPONDENTS. Yellamanchili, lA 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 “Si pleased to STAY of the Operation of the Impugned Order passed in I.A. passed by the Learned High Court of Andhra Pradesh pending disposal of the main ^1*^^1/2025 in W.P.No.7724/2024 dt.03-04-2025 ; JiSj%Te Judge f dt Appeal. *•> Counsel for the Appellant: SRI R SIVA SAI SWARUP- Counsel for the Respondent No.1: SRI T V P SAI VIHARL Counsel for the Respondent No.2: GP FOR MAUD " Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos. 4 & 5: SMT. SIREESHA RAVI BALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: JUDGMENT APHC010203892025 Bench Sr.No:-3 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 524 of 2025 Gompanabilli Ramaswami ...Appellant Vs. Karedia Venkata Mallikarjuna Rao and others ...Respondents Advocate for appellant Sri R. Leela Sal Sampath, learned counsel representing Sri R. Siva Sai Swarup Advocate for respondents Sri T. V. P. Sai Vihari, Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities, learned Government Pleader for Municipal Administration and Urban Development, learned Government Pleader for Revenue. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R. RAGHUNANDAN RAO DATE :1st May 2025 PC : The present Writ Appeal has been preferred against the interim order dated 03.04.2025 passed in Writ Petition No.7724 of 2025. 2. The matter is still sub judice before the learned single Judge in which the next date was fixed at 24.04.2025. The appellant, instead of filing a counter affidavit immediately before the learned single Judge, preferred to 2 challenge the order passed by the learned single Judge in the present writ appeal. The issue appears to be one pertaining to the alleged deviations made by the appellant herein, who is arrayed as respondent No.5 in the writ petition. The claim of the appellant before the learned single Judge was that the 3. deviations had since been removed and therefore, the construction activity being undertaken cannot be stopped. 4. The learned single Judge, however, considering the conflicting versions placed before him, decided to relegate respondent No.5/appellant herein to approach the municipal authorities seeking written permission to proceed with construction by respondent No.3 in the writ petition i.e., Yellamanchili Municipality. 5. In view of the fact that the matter is still pending before the learned single Judge, the assertion that the appellant had since complied with the earlier directions of the Municipality and removed the deviations is an issue which needs to be considered by the learned single Judge, who is still seized of the matter. Any opinion expressed by this Court would render the proceedings before the learned single Judge academic. We do not see any reason to invoke our extraordinary jurisdiction. 6. The Writ Appeal is without any merit and is, accordingly, dismissed. No order as to costs. 3 Pending miscellaneous applications, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTON OFFICER To, 1. One CC to Sri R Siva Sai S\A/arup Advocate [OPUC]^- One CC to Sri T V P Sai Vihari Advocate [OPUC] One CC to Smt. Sireesha Rani Vallabhaneni, SC for Municipalities Advocate [OPUC] „ Two CCs to GP for Municipal Administration & Urban Dev, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies 2. 3. 4. 5. 6. TF HIGH COURT DATED:01/05/2025 ORDER WA.No.524 of 2025 DISMISSING THE W.A., WITHOUT COSTS