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2025 DAILYLAW 7518 (AP)

A.Lakshman Rao v. The District Collector, Guntur District, Guntur

WP/19907/2009 · 2025-06-15

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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► IN THE HIGH COURT OF ANDHRA PRADESH :: AMAR (Special Original Jurisdiction) fi •9 ■31 s o, MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 19907 OF 2009 Between: 1. A.Lakshman Rao, S/o.Subba Rao Retired Employee R/o. Guntur District 2. K.Srinivasa Rao, S/o.Venkaiah, aged about 43 years, R/o. Bapatia Guntur District Bapatia ...Petitioners AND 1. The District Collector, Guntur District, Guntur, S/o. Venkataramaiah, R/o. A/c. No. 30536543682, Guntur District. Petasannegandia, Karampudi Mandal, Guntur District. 2. The Joint Collector, Guntur, S/o. Late Venkata Ramana, R/o. Flat No.201, Doctors Plaza, Opp.Zilla Parishad, Visakhapatnam, (Retd General Manager, Co-operative Bank 3. The Commissioner of Endowments , Government of, Andhra Pradesh, Tilak Road, Hyderabad 4. The Special officer. Eastern Choultry, Bapatia, Guntur District, S/o. Shyam Sunder Civil Contractor R/o. H.No. 7-1-307/1, Subash Nagar, Sananth Nagar, 5. The Regional Deputy Director, Town Survey and Country, Planning , Guntur A The commissioner .Bapatla Municipality, Bapatia, Guntur District T. The AP State Road Transport Corporation , rep.by its, Managing director, Musheerabad, Hyderabad • "8. Hindustan petroleum Corporation Limited, Vijayawada, Retail Regional Office, Near Sai baba Temple, Tadepalli-Mangalagiri Road, Guntur District-522501 ' 9. K.Raghupathi, S/o.Prabhakar Rao Proprietor M/s.Kona Filing Station, GBC R/o.Ward No.9, Chillara Gollapalem Bapatia Town, Guntur District ...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 or order or direction more particularly one in the nature of writ of mandamus: i. declaring Form-B License dated 28.5.2009 in Rc.No.413/2009-S8 and No objection certificate dated 24.10.2008 in D.Dis.No.116/2008-C6 issued by the 2nd respondent for establishing retail petroleum outlet in the land classified and earmarked as bus terminal use in the Master Plan of Bapatia Municipality in an extent of 2139 sq.Mtrs in S.no.656 GBC Road, Bapatia as illegal, arbitrary, and contrary to the guidelines issued by the Ministry of Road Transport and Highways vide RW/NH-33023/19/99-DO-II dated 25.9.2003 and also contrary to G.O.ms.No.580MA dated 6.11.1996 and G.O.Ms.No.569 dated 23.3.2008 and also opposed to public safety; ii. declare the action of the 7th respondent in parting away with its land in an extent of 2139Sq.Mtrs in S.No.656 GBC Road, Bapatia which is classified and earmarked for bus terminal use with the 9th respondent for a commercial activity is contrary to the provisions of Road Transport Corporation Act, 1950; iii. declare the inaction on the part of the 4th respondent in protecting the property which was allotted to the 7th respondent for the public purpose of bus terminal use and for constructions of its employees house building under the provisions of AP Charitable (Hindu Religious Institutions and Endowments ) Act, 1987 iv. direct the respondents 5 and 6 to take action for demolition of illegal. / structures raised by the respondents 8 and 9 in the absence of any approved plan and more so in the light of the orders passed by the 5th respondent dated 19.3.2009 and 11.11.2008. I.A. NO: 2 OF 2010(WPMP. NO: 8566 OF 20101 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 permit the petitioners to file (1) Report in Rc No. 116/2008-C6 dt. 29-9-2009 of the Dist. Collector, Guntur and (2) Report in Memo No. 2517/DCE I/DEE IV/AEE/09 dt. 1-2-10 of the Engineer-in-Chief (R & B) NH- Administration , Errum Manzil, A.P. Hyderabad as additional Material papers in the above W.P. in the interest of justice. I.A. NO: 1 OF 2009(WPMP. NO: 25965 OF 2009) 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 respondents 1 to 7 to take necessary action for protecting the property in S.No.656 GBC Road, Bapatia earmarked for the benefit of the public. I.A. NO: 1 OF 2010fWPMP. NO: 7329 OF 2010) 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 8th respondent to stop supply of oil to the 9th respondent for running the petrol bunk in the subject matter of land. I.A. NO: 1 OF 2011 (WPMP. NO: 588 OF 20111 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 permit the petitioner to file the list of fuel stations that do not fulfill / the norm of 100 meters distance from the intersection as additional material papers along with the counter affidavit of the respondent No.9. Counsel for the Petitioners: SRI RAVI TEJA APPEAING ON BEHALF OF SRI. P RAJASEKHAR Counsel for the Respondent Nos. 1,2,4 and 5: Ms. MYTHREYI REDDY APPEARING ON BEHALF OF ADVOCATE GENERAL Counsel for the Respondent No. 3: SRI KOTESWARA RAO KAPPERA SC For Endowments Counsel for the Respondent No. 6: M/S SIREESHA RANI VALLABHANENI SC FOR MUNCIPALITIES Counsel for the Respondent No. 7: SRI SANISETTY VENKATESWARLU SC For SRI T VINOD KUMAR, SC FOR APSRTC Counsel for the Respondent No. 8: SRI M RAVINDRANATH REDDY Counsel for the Respondent No. 9:SRI P S RAJASEKHAR The Court made the following Order: / APHC010075612009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Bench Sr.No:- WL-10 [3483] WRIT PETITION NO: 19907 of 2009 A. Lakshman Rao and another ...Petitioners Vs. The District Collector Guntur District Guntur and others ...Respondents ********** Advocate for Petitioners: Mr. Ravi Teja appearing vice Mr. P. Rajasekhar Ms. Mythreyi Reddy appearing vice Advocate General, GP for Revenue Advocates for Respondents: CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 16'*’June, 2025. DATE P C : Learned counsel for the petitioners states that the petitioner has since passed away and that the cause of action does not survive. The present writ petition is dismissed as having been abated. No order as to costs. Pending miscellaneous applications, if any, in this petition, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri. P Rajasekhar Advocate [OPUC] 2. One CC to M/s Sireesha Rani Vallabhaneni SC for Muncipalities [OPUC] One CC to Sri. Sanisetty Venkateswarlu SC For APSRTC [OPUC] 3. ■ / 4. One CC to Sri. Koteswara Rao Kappera SC For Endowments [OPUC] 5. One CC to Sri. P S Rajasekhar Advocate [OPUC] 6. Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT] 7. Two CCs to The Advocate General, High Court of Andhra Pradesh [OUT] 8. One CC to Sri. M Ravindranath Reddy Advocate [OPUC] 9. Three CD Copies GSC HIGH COURT DATED:16/06/2025 ORDER WP.No.19907 of 2009 DISMISSING THE WP AS ABATED WITHOUT COSTS