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2025 DAILYLAW 59420 (AP)

GADAMSETTY RAJESH v. THE STATE OF ANDHRA PRADESH

WP/33993/2025 · 2025-12-28

Harinath N

body2025

Judgment text

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APHC010658882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33993/2025 Between: 1. GADAMSETTY RAJESH, S/O. RATHNAIAH AGE 41 YEARS, R/O. 13/5, KUMMARI STREET GUDUR, TIRUPAHTI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE GUDUR MUNICIPALITY, GUDUR, TIRUPATHI DISTRICT REP BY ITS COMMISSIONER 3. THE TOWN PLANNING OFFICER, GUDUR MUNICIPALITY GUDUR, TIRUPATHI DISTRICT 4. SOMISETTY RAMA SUBBAIAH, S/O. VENKATA SUBBAIAH AGED ABOUT 66 YEARS, THYAGARAJA STREE, OPP JAIN TEMPLE, GUDUR, TIRUPATI DISTRICT ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. MALIREDDY GOWTHAM The Court made the following: 3 ORDER:- Learned counsel for the petitioner submits that after the filing of the writ petition, the respondents have introduced G.O.Ms.No.225, dated 12.11.2025, facilitating the regularization of unauthorized constructions by paying the penalization amount. It is submitted that the petitioner has submitted an application seeking regularization. 2. Learned counsel appearing for the 4th respondent submits that respondent Nos.2 and 3 are required to consider the application of the petitioner strictly in accordance with the terms and conditions of G.O.Ms.No.225. 3. Sri Lakshmi Narayana, learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the application submitted by the petitioner seeking regularization of the unauthorized construction shall be dealt with strictly in accordance with G.O.Ms.No.225. 4. Recording the above submissions, the writ petition is disposed off, with a direction to respondent Nos.2 and 3 to pass appropriate orders strictly in accordance with the G.O.Ms.No.225. Learned counsel appearing for the 4th respondent submits that certain balconies encroach into the petitioner’s property and requests this Court to direct the respondents to take into consideration the objections of the 4th respondent also into consideration. On these considerations, the impugned proceedings shall stand suspended till consideration of the application of the petitioner under the BPS scheme. The objections of the 4th respondent are to be considered by the 2nd respondent 4 while dealing with the regulation/penalization of the petitioner’s property. There shall no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.29.12.2025 SR