PACHAVA SRINIVAS BABU v. THE STATE OF ANDHRA PRADESH
WP/4611/2025 · 2025-02-21
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8239 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8239 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N WRIT PETITION NO: 4611 OF 2025 Between: Pachava Srinivas Babu, S/o P. Venkateswara Rao, Aged 51 years, R/o Plot No.217, HIG, Sector-4, MVP Colony, Visakapatnam-17. ...PETITIONER AND The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration, Secretariat, Velagapudi, Guntur District. Greater Visakapatnam Municipal Corporation, rep by its Commissioner, Tenneti Bhavan, Main Road, Visakapatnam. Zonal Commissioner, GVMC, Zone-ll, Yendada, Tenneti Bhavan, Main Road, Visakapatnam. Assistant City Planner, GVMC, Zone-ll, Yendada, Tenneti Bhavan Main Road, Visakapatnam. The Sub-Registrar, Madhurawada, Visakapatnam. A.Venkata Rao, S/o A.Suryanarayan, Aged about 49 years, R/o D.No.2- 91, Plot No.L-19, Sy.No. 10, Yendada Revenue ward No.6, Opp to Skyline Apartment, Visakapatnam-530041. 1. 2. 3. 4. 5. 6. ...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, order or direction more particularly one in the Nature of a Writ of Mandamus declaring the inaction of the Respondents 2 to 4 in taking action on Petitioners complaint dated 28.10.2024 about the 6th Respondent fraudulently gifting a portion of the encroached public road
9 } nd in Sy.No.10 of Yendada village, Viskapatnam in favor of the 2 Respondent vide Gift Deed bearing No. 6010/2023, dt. 22.07.2023, and instead proceeding to issue TDR bonds and Building Plan Approvals to the 6*^ Respondent as arbitrary, illegal, violative of public policy, violative of Principles of Natural Justice and violative of Article 21 of the Constitution of India and to consequently direct the Respondents 2 to 4 to take action as per law by enquiring into the complaint of the Petitioner dt. 28.10.2024. 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 pleased to direct the Respondent No.2 to 4 to not issue any TDRs of Building Plan Approvals in favor of the Respondent in respect of land alleged to be public road in Sy.No.10 of Yendada village, Viskapatnam conducting a proper enquiry into the complaint dated 28.10.2024 pending disposal of the above writ petition.
Counsel for the Petitioner: SRI G SAI NARAYANA RAO Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.5: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.6:--- The Court made the following: ORDER
APHC010086942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY. THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No:4611 OF 2025 Between: Pachava Srinivas Babu ...Petitioner AND The State of Andhra Pradesh Rep. by its Principal Secretary, Municipal Administration, Secretariat, Velagapudi, Guntur District And 5 others. ...Respondents Counsel for the Petitioner: Sri G.Sai Narayana Rao Counsel for the Respondents: Ld. Govt. Pleader for Registration & Stamps Ld. Govt. Pleader for Municipal Admn. & Urban Dev. The Court made the following order:
1. The learned counsel appearing for the petitioner virtually online submits that the 6*^ respondent has gifted the land admeasuring 173.09 square yards in Sy.No.10 of Yenadada Village, Greater Visakhapatnam Municipal Corporation [for short ‘G.V.M.C.’], Visakhapatnam. It is submitted that the 6^''
-2- W.P. No.4611 of 2025 4^ respondent has executed a gift deed with an intention to secure T.D.Rs. from the 2"^ respondent. It is also submitted that the 6*'^ respondent has gifted the property beyond his capacity and beyond the schedule of property purchased by the respondent vide sale deed dated 29.04.1985. It is submitted by the learned counsel for the petitioner that the petitioner has also filed a complaint before the sub-Registrar, Madhurawada, in that regard. The petitioner has also submitted a complaint to the Zonal Commissioner, Zone-ll, G.V.M.C., Madhurawada, on 28.10.2024 and his representation is still pending
consideration. It is also submitted that the petitioner filed writ petition No.22489 of 2021, and the 6'^ respondent did not choose to appear in that petition.
2. The learned standing counsel appearing for respondents 2 to 4 submits that, as of now, the respondents have not issued any T.D.Rs. to the 6^^ respondent. It is also submitted that as and when the proposal for issuance of T.D.Rs. is undertaken. the T.D.Rs. scrutiny committee will thoroughly examine the cases whether the applicants are entitled for T.D.Rs. and pass necessary orders.
p W.P. No.4611 of 2025
3. Considering the limited prayer of the petitioner to direct the respondent to consider the representation of the petitioner dated 28.10.2024 and considering the submission of the learned standing counsel for respondents 2 to 4, the writ petition is disposed off with a direction to the 3"'^ respondent to dispose off the representation of the petitioner, dated 28.10.2024, in accordance with law, within a period of six weeks from the date of receipt of this order. No costs.
4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To
1. The Principal Secretary, Municipal Administration, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The Commissioner, Greater Visakapatnam Municipal Corporation, Tenneti Bhavan, Main Road, Visakapatnam.
3. Zonal Commissioner,GVMC, Zone-ll, Yendada, Tenneti Bhavan, Main Road, Visakapatnam.
4. Assistant City Planner, GVMC, Zone-ll, Yendada, Tenneti Bhavan Main Road, Visakapatnam.
5. The Sub-Registrar, Madhurawada, Visakapatnam.
6. One CC to Sri G. Sai Narayana Rao, Advocate [OPUC]
7. One CC to Sri A.S.C.Bose, SC for Municipal Corporation[OPUC]
8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT]
9. Two CC’s to GP for Stamps & Registration, High Court of A.P. at Amaravati[OUT]
10. Three CD Copies, ssb
HIGH COURT DATED:21/02/2025
ORDER AS% ^ 0 \ MAS 2025 ^ ^ . Current Section . J WP.No.4611 of 2025 mi DISPOSING OF THE W.P. WITHOUT COSTS