APHC010105942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6063/2025 Between: 1. THUMMAPUDI VENKATA GANGADHARA KRISHNA KISHORE, S/O VENKATA SUBBARAO, AGED ABOUT 39 YEARS OLD, OCC BUSINESS R/O THANGELAMUDI, ADIVARUPETA, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT (ELURU DISTRICT) AT ELURU, ANDHRA PRADESH 2. THE REVENUE DIVISIONAL OFFICER, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH 3. THE TAHSILDAR, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. THE DISTRICT REGISTRAR, WEST GODAVARI DISTRICT (ELURU DISTRICT) AT ELURU, ANDHRA PRADESH 5. THE DIRECTOR, TOWN AND COUNTRY PLANNING, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH 6. THE ELURU MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER 7. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, SRS,J W.P.No.6063 of 2025 GUNTUR DISTRICT. 8. SRINIVASA REAL ESTATE, REPRESENTED BY ITS MANAGING DIRECTOR SRI AKULA SRINIVASA RAO, VASANTHA MAHAL COMPLEX, GNT ROAD, ELURU, WEST GODAVARI DISTRICT, ANDHRA PRADESH – 534002 ...RESPONDENT(S): 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, direction or order, more particularly one in the nature of Writ of Mandamus declaring that the public at Eluru are entitled to the sale of legally valid plots being sold by the 8th Respondent through its illegal layout venture, at Block 3 in R.S.No.303, 304, 306, 307/1,307/2, 308/3 at situate at Venkatapuram within the Eluru Municipal Corporation and it is further consequentially prayed that this Honble Court may be pleased to direct the Respondents to critically examine and take action in this regard as per the Representation of the Petitioner dated 19-03- 2024 made to the Respondents and pass such IA 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 Respondents to critically examine and take action in this regard as per the Representation of the Petitioner dated 19-03- 2024 made to the Respondent and to pass such Counsel for the Petitioner: 1. SANKU DURGA RAMACHANDRA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE SRS,J W.P.No.6063 of 2025 The Court made the following: :: ORDER :: The above writ petition is filed to declare the action of respondent authorities in not considering, the representation made by the petitioner, regarding the respondent No.8 illegal layout venture in Block 3 in R.S.No.303, 304, 306, 307/1, 307/2, 308/3 situated at Venkatapuram, as illegal and arbitrary. 2. Heard Sri S.D. Ramachandra Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appeared for respondents 1 to 4 and Sri Vijay, learned counsel representing Sri A.S.C. Bose, learned Standing Counsel appeared for respondent No.6. 3. Learned counsel for the petitioner would submit that respondent No.8, a Real Estate Company, developed a venture in Block No.3 in R.S.No.303, 304, 306, 307/1, 307/2, 308/3 situated at Venkatapuram. The said venture is located adjacent to the Ayyappa Nagar layout and further respondent No.8 is alienating the plots to individuals, without getting layout approval. The petitioner made a representation about the same. However, the respondent authorities are not taking any action. 4. Sri Vijay, learned counsel submitted instructions of respondent No.6, wherein the operative portion reads as follows: “The said layout under reference falling in RS.No.303,304,306,307/1,307/2,308/3 of Eluru Municipal Corporation with an extent of Ac. 13.95 cents. The layout is surrounded by North: Navandhra Nagar, East: Agriculture lands, South: Agriculture land and West: 40’-00 ft wide road. The total plots in the layout were 318 and the layout owner has sold out 204 plots. The remaining 114 plots were unsold and vested with the owner for which proportionate open space SRS,J W.P.No.6063 of 2025 is earmarked with an extent of Ac 0.61 cents. The Director of Town & Country Planning approved and regularized said unauthorized layout as In-principal layout pattern vide IPLP2020/DTCP- ELUDA/ELR/000059, Dated:29-10-2022. At present out of 114 unsold plots, the layout owner has sold out around 50 plots and for the same plots building permissions were obtained from the Eluru municipal corporation duly paying the necessary payments.” 5. Thus, a perusal of instructions of respondent No.6, would manifest that the unauthorized layout was regularized by the proceedings dated 29.10.2022. 6. Given the developments, the grievance of the petitioner in the writ petition is misconceived. This Court does not find any merit in the writ petition and is liable to be dismissed. Accordingly, the Writ Petition is dismissed. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 13.03.2025 TVN SRS,J W.P.No.6063 of 2025 111 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.6063 OF 2025 Date : 13.03.2025 TVN