IN THE HI(3H COURT OF ANDHRA PRADESH :: AMARAVAJ4.* (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUA TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5135 OF 2025 Between:- 1. Sri. Ratcha Bagaraju S/o Dharmarao late, Aged 42 years, Occ; Daily wage Worker, MG School Road, Rajeev Graha Kalpa Dairy Form center, Kakinada, East Godavari district Andhra Pradesh. 2. Sri. Masakapalli Dharmarao S/o Perayya, Aged 45 years, Occ; Daily Wage Worker R/o Yerra Road, Yetimoga, Kakinada Urban East Godavari District Andhra Pradesh. 3. Sri. Palepu Gopi S/o Venkateswarlu Aged 40 years, occ; Daily Wage Worker Yetimoga, Kakinada District Andhra Pradesh. 4. Sri. Karri China Govaraju S/o Karri Venkateswarlu, Occ; Daily Wage Worker Aged 50 years, Balistamma Gudi Street Jagannadhapuram, Yetimoga, Kakinada District, Andhra Pradesh. 5. Sri. Revu Prakash S/o Sathiraju, Occ; Daily Wage Worker Aged 46 years, Jagannadhapuram, Yetimoga, Kakinada District, Andhra Pradesh 10 H 6. Smt. B. Satyaveni W/o Gangadhar Rao Aged 46 years, Jagannadhapuram, Yetimoga, Kakinada District, Andhra Pradesh 7. Smt. Voleti Jyothi W/o Siva, Aged 36 years, Jagannadhapuram, Yetimoga, Kakinada District, Andhra Pradesh 8. Sri. Ratcha Nookaraju S/o Pothuraju, Occ; Daily Wage Worker Aged 65 years, Jagannadhapuram, Yetimoga, Kakinada District, Andhra Pradesh. 9. Sri. P. Ramu S/o Veerraju, Occ; Daily Wage Worker Aged 52 years, Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Sri. Pemmadi Jayaram S/o Kameswararao Aged 29 years, Occ: Daily wage worker Board yard street. Canal road, Yetimoga, Kakinada District, Andhra Pradesh. Sri. Palepu Kanakaraju S/o Narasimha Late, Aged 47 years, Occ: Daily Wage Worker R/o Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Sri. Dokkadi Raju S/o Tata Roa, Aged 41 years, Occ: Daily Wage Worker Ramayalam Street, Yetimoga, Kakinada Urban, Kakinada District, Andhra Pradesh. 10. 11. 12. I 11 Smt. Malladi Lakshmi W/o Raju, Aged 42 years R/o Kondababu Colony Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Sri. Pinapothu Suribabu S/o Pinapothu Apparao Aged 41 years, Occ; Daily wage worker Madyaha peta, Yetimoga, Kakinada Urban Kakinada District, Andhra Pradesh. Sri. Katadi Kalyan S/o Adinarayana, Occ; Daily Wage Worker Jallavari Street, Yetimoga, Kakinada, Kakinada District, Andhra Pradesh. 15. ...Petitioners And The State of Andhra Pradesh Rep by its Principal Secretary, Municipal Administration & Urban Develop Department Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh Kakinada Municipal Corporation Rep by its Commissioner Meher Nagar, Kakinada, Kakinada District, Kakinada Municipal Corporation Rep by its Town Surveyor Meher Nagar, Kakinada, Kakinada District, The Tahsildar Kakinada Urban, Collector Office Road, Kakinada. 1. 2. 3. 4. < ...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 more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos. 2 to 3 in not considering the representation of the Petitioner dated 22-02-2025 seeking to conduct survey of the Petitioners property and to identify the boundaries, as being arbitrary, illegal and violative of Articles 14 and 300-A of the Constitution of India and against the against to the principles of natural justice and consequently direct the Respondents 2 and 3 to levy tax on the Petitioners property and issue such other writ or order or direction as deemed fit and proper in the circumstances of the case. 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 may be pleased to direct the Respondent Nos. 2 to 3 to conduct survey and fix the boundaries of the Petitioners property in accordance with law duly considering the representation of the Petitioners dated 22-02-2025 made by the Petitioners as per law, pending Writ Petition, in the interest of justice. lA NO: 2 0F 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 Nos. 2 to 4 not to initiate any coercive steps in regard to cancellation of possession pattas of the Petitioners that are granted by the 4‘^ Respondent dated 28-10-2023, pending Writ Petition, in the interest of justice. Counsel for the Petitioners: SRI MATHUKUMILLI SRI VIJAY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following: ORDER V' 1 APHC010100022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5135/2025 Between: ...PETITIONER Ratcha Bagaraju and others AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: V 2 ORDER: 226 of the Constitution of India r This writ petition is filed under Article seeking the following relief.- of Writ of Mandamus declaring the Nos. 2 and 3 in not writ more in the nature ado. ofihe Respondents boundaries, as being arbitrary, “....to issue an appropriate considering the representation set^^ottneReddone..^^^^^^^ direct the Respondents 2 and 3 to iliegai and violative the principles of natural justice the Petitioners property ” and consequently levy tax on , learned Government Pleader Development for respondent No.1, respondents No.2 and 3 and for respondent No.4. Heard learned counsel for the petitioners Administration and Urban 2. for Municipal Mr.M.Krishna Rao, learned Standing Counsel for Government Pleader for Finance & Planning learned the matter came up for hearing, learned counsel for the in the Writ Petition, but, however to dispose of the Today when 3. reiterated the contentions urged in . direct the respondent authorities petitioners limited his request to dated 22.02.2025, requesting to conduct of the petitioners on the petitioners’ property, m the representation light of the possession pattas survey granted by the revenue authorities. on the other hand, learned counsel appearing for the respondent respondent authorities will consider the dated 22.02.2025 and will pass 4. submits that the authorities representation appropriate orders in submitted by the petitioners in accordance with law, if not yet disposed of. 3 the facts and circumstances of the case and Having regard to made by the learned counsels, instead of going into the merits of 5. submissions the case, this Court feels it appropriate to dispose of the Writ Petition by Kakinada Municipal respondent —The Commissioner, nd directing the 2 Corporation, Kakinada to consider the representation made by the petitioners dated 22.02.2025 and pass appropriate orders, if not yet passed, in accordance with law, within a period of four (04) weeks from the date of receipt of a copy of this order, the above direction, this Writ Petition is disposed of. There shall be 6. With no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR // / //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District, Andhra Pradesh 2. The Commissioner, Kakinada Municipal Corporation, Meher Nagar, Kakinada, Kakinada District, 3. The Town Surveyor, Kakinada Municipal Corporation, Meher Nagar, Kakinada, Kakinada District, 4. The Tahsildar, Kakinada Urban, Collector Office Road, Kakinada. 5. One CC to Sri Mathukumilli Sri Vijay, Advocate [OPUC] 6. One CC to Sri M. Krishna Rao, SC for Municipal Corporation[OP UC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CC’s to GP for Revenue, High Court of Andhra Pradesh[OUT] 9. Three CD Copies. ssb S5 HIGH COURT DATED:28/02/2025 ORDER WP.No.5135 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS