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2025 DAILYLAW 7658 (AP)

SADGURU INFRATECH v. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION

WP/4307/2024 · 2025-06-16

Nyapathy Vijay

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

>r Jl- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY. THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4307 OF 2024 Between: Sri Sadguru Infratech, rep. by its Managing Partner, Suneel Mahanty, S/o. Shiva Prasad Mahanty, aged about 47 years. Occupation Business, 10- 134/14, TF-2, Sadgum Towers, Traffic Police Station Road, PM Palem, Ward No.4, Visakhapatnam. ...PETITIONER AND 1. The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. 2. Konathala Govindarajulu, S/o. Konathala Appa Rao, D.No. 14-21-11, Rythu Sangham Veedhi, Nidanam Doddi, Anakapalli, Visakhapatnam District. 3. The State of Andhra Pradesh,rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, 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 a Writ of Mandamus or any other appropria,te writ declaring that the action of the 1 st respondent contained in Rc.No.018151/2023/ACP- VIII/GI, dated 30.01.2024, cancelling the building permission of the petitioner IF— under the Greater Visakhapatnam Municipal Corporation Limits), pending disposal of the writ petition and grant. lA NQl 2 OF 2024 Between: Konathala Govindarajulu, S/o. Konathala Appa Rao, D.No. 14-21-11, Rythu Sangham Veedhi, Nidanam Doddi, Anakapalli, Visakhapatnam District. PetitionfSir/Respondent No.2 AND 1. Sri Sadguru Infratech, rep. by its Managing Partner, Suneel Mahanty, S/c. Shiva Prasad Mahanty, aged about 47 years. Occupation Business, 10-134/14, TF-2, Sadgum Towers, Traffic Police Station Road, PM Palem, Ward No.4, Visakhapatnam. Respor (dent/Writ Petitioner 2. The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. 3. The State of Andhra Pradesh,rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. Responderits/Respondents 1 and 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to condone delay of 88 days in representing the vacate petition in l.A.No. of 2024 (lA.SR.No. 26961 of 2024) in W.P.No. 4307 of 2024. f vide building permit N0.1086/2996/B/Z4/BEM/2020, dated 23.07.2022 relating to the land admeasuring 742.34 sq. meters equivalent to 887.831 sq. yards in Sy.No.11/4F of Butchirajupalem village, Gopalapatnam Mandal, Visakhapatnam District (now under the Greater Visakhapatnam Municipal Corporation Limits) in total contravention of the order of the Honourable Court in W.P.No.34563 of 2022, dated 19.06.2023 is arbitrary, illegal and without jurisdiction and direct the 1 st respondent to grant/restore the building permission to the petitioner in respect of the land admeasuring land admeasuring 742.34 sq. meters equivalent to 887.831 sq. yards in Sy.No.11/4F of Butchirajupalem village, Gopalapatnam Mandal, Visakhapatnam District (now under the Greater \/isakhapatnam Municipal Corporation Limits) without taking into account the observations, if any in C.C.No.5757 of 2023 in W.P.No.34563 of 2022, dated 19.06.2023 and leaving it open to the 2 respondent to approach civil court for location, identity and demarcation of his alleged land in Sy.No.11/4 and 11/5 of Butchirajupalem (for which sub-division numbers are not specified) and enable the petitioner to proceed with construction in accordance with the building permit order originally granted on 23.07.2022 and grant. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation and effect of the order of the 1 respondent in Rc.No.018151/2023/ACP-YIII/G1, dated 30.01.2024, cancelling the building permission of the petitioner dated 23.07.2022 relating to the land admeasuring 742.34 sq. meters equivalent to 887.831 St sq. yards in .Sy.No.11/4F of Butchirajupalem village, Gopalapatnam Mandal, Visakhapatnam District (now lA NO: 3 OF 2024 Between; Konathala Govindarajulu, S/o. Konathala Appa Rao, D.No, 14-21-11, Rythu Sangharn Veedhi, Nidanam Doddi, Anakapalli, Visakhapatnam District. Petitioner/Respondent No.2 AND 1. Sri Sadguru Infratech, rep. by its Managing Partner, Suneel Mahanty, S/o. Shiva Prasad Mahanty, aged about 47 years. Occupation Business, 10- 134/14, TF-2, Sadgum Towers, Traffic Police Station Road, PM Palem, Ward No.4, Visakhapatnam. Respondent/Writ Petitioner 2.The Greater Visakhapatnam Municipal Corporation, rep. by its Commissioner, Visakhapatnam. 3. The State of Andhra Pradesh,rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. Respondents/Respondents 1 and 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim order dt 19.02.2024 in W.P.No. 4307 of 2024 and dismiss the above writ petition. Counsel for the PetitionerSRI M/S BHARADWAJ ASSOCIATES Counsel for the Respondent No.1: SRI K.MADHAVA REDDY (SC FOR GVMC) Counsel for the Respondent No.2: M/s T V SRIDEVE Counsel for the Respondent No.3: GP FOR MUNICIPAL ADMINISTRATION The Court made the following: ORDER APHC010078382024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (Special Original Jurisdiction) [3460] mi TUESDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4307/2024 Between: 1.SADGURU INFRATECH, REP. BY ITS MANAGING PARTNER. SUNEEL MAHANTY, S/0. SHIVA PRASAD MAHANTY, AGED ABOUT 47 YEARS, OCCUPATION BUSINESS, 10-134/14, TF-2, SADGUM TOWERS, TRAFFIC POLICE STATION ROAD, PM PALEM, WARD N0.4, VISAKHAPATNAM. ...PETITIONER AND 1.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 2.KONATHALAGOVINDARAJULU, S/0. KONATHALA APPA RAO, D.NO. 14-21-11, RYTHU SANGHAM VEEDHI, NIDANAM DODDI, ANAKAPALLI, VISAKHAPATNAM DISTRICT. 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S); 2 <C E^ON’BLE SR[ JUST5CE NYAPATHY VIJAY W.P.No.4307 of 2024 ORDER: This petition is filed declaring the action of the 1®‘ respondent contained in Rc.No.018151/2023/ACP-VIII/G1, dated 30.01.2024, cancelling the building permission of the petitioner vide building permit No.1086/2996/B/Z4/BEM/2020, dated 23.07.2022 relating to the land admeasuring 742.34 sq. meters equivalent to 887.831 sq. yards in Sy.No.11/4F- of Butchirajupalem Village, Gopalapatnam Mandal, Visakhapatnam District (now under the Greater Visakhapatnam Municipal Corporation Limits) in total contravention of the order of the Hon’ble Court in W.P.No.34563 of 2022, dated 19.06.2023 as illegal and arbitrary. 2. Learned counsel for the petitioner addressed a letter dated 16.06.2025 to the Registrar (Judicial) seeking permission of this Court for withdrawal of the present petition. 3. Permission is accorded and the Writ Petition is dismissed as withdrawn. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To, 1. OneCCto SRI. M/s BHARADWAJ ASSOCIATES, Advocate [OPUC] 2. One CC to SRI. K.MADHAVA REDDY (SC FOR GVMC) Advocate [OPUC] 3. Two CCs to GP FOR MUNICIPAL ADMINIST'RATION, High Court of Andhra Pradesh at Amaravati[OUT] 4. OneCCto M/s T.V.SRIDEVI, Advocate [OPUC] 5. Three C.D.Copies nm HIGH COURT DATED: 17/06/2025 ORDER WP.No.4307 of 2024 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS