APHC010128042021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7345/2021 Between: 1. PINAGADI VENKATACHALAM, S/O.LATE SATYAM, AGED ABOUT 72 YEARS, OCC. AGRICULTURE. R/O.NEW KANDARADA VILAGE, PITAPURAM MANDAL, EAST GODAVARI DISTRICT. 2. SMT.PINAGADI SURYA KANTHAM,, W/O.VENKATACHALAM, AGED ABOUT 70 YEARS, OCC. HOUSEWIFE/AGRICULTURE. R/O.NEW KANDARADA VILAGE, PITAPURAM MANDAL, EAST GODAVARI DISTRICT. 3. SMT.PINAGADI NAGA LAKSHMI,, W/O.ACHUTHA RAMA RAO, AGED ABOUT 42 YEARS, OCC. HOUSEWIFE/AGRICULTURE. R/O.NEW KANDARADA VILAGE, PITAPURAM MANDAL, EAST GODAVARI DISTRICT. 4. PINAGADI GOVINDU, S/O.LATE VENKANNA, AGED ABOUT 60 YEARS, OCC. AGRICULTURE. ALL ARE R/O.NEW KANDARADA VILAGE, PITAPURAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY - MA AND UD, VELAGAPUDI, GUNTUR DISTRICT. 2. GODAVARI URBAN DEVELOPMENT AUTHORITY GUDA, KAKINADA, EAST GODAVARI DISTRICT, REP.BY ITS VICE CHAIRMAN. 2 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 4. ROWTHU ESTATES, REP.BY ITS PROPRIETOR ROWTHU VEERA ANANDHA PRAKASH, 8-3-236, 2, 3, DREAM HOMES HARMONY, YOUSUFGUDA, HYDERABAD. ...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 toto issue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd Respondent in sanctioning tentative approved Layout vide File No.1104/0037/LP/GUDA/2020, dated 12.10.2020 to the 4th respondent without proper inspection and adhering to the norms and causing obstruction to the petitioners to enter into their agriculture lands Ac.0-237 cents in Sy.Nos.97/16, 97/11e2, 97/a 1B-1A of the 1st Petitioner, Ac.0-20 cents in Sy.No.97/11H of the 2nd Petitioner, A c.0-18 cents in Sy.No.97/11G of the 3rd Petitioner, and Ac.0-31 /2 cents, Ac.0-06 cents, Ac.0-11 cents covered by Sy.Nos.97/18, 97/21, 97/8 of the 4th Petitioner, situated at Kandarada Village, Pitapuram Mandal, East Godavari District, and the consequent inaction of the 2nd respondent in cancelling the tentative approval Lay out pursuant to the Notice dated 24.11.2020 of the petitioners through their counsel, as illegal and arbitrary and further direct the 2nd respondent to cancel the tentative layout vide File No.1104/0037/LP/GUDA/2020, dated 12.10.2020 approved to the threspondent, which is obstructing the approach to the petitioners agricultural lands and pass Counsel for the Petitioner(S): 1. V CH NAIDU Counsel for the Respondent(S): 1. S.V.S.S.SIVA RAM 2. J DILEEP KUMAR 3. GP FOR MUNCIPAL ADMN URBAN DEV 3 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7345 OF 2021 The Court made the following ORAL ORDER: Heard Sri V.Ch. Naidu, Ld. Counsel for the Writ Petitioner and Ms. V. Kranthi, Ld. Counsel appearing on behalf of Sri S.V.S.S.Siva Ram, Ld. Standing Counsel for the Respondent No.2. 2. Ld. Counsel for the Respondent No.2 has submitted the Final Order dated 10.02.2022 bearing file No.1104/0037/LP/GUDA/2020/Mortgage passed by the Vice Chairman, Kakinada Urban Development Authority (Respondent No.2) indicating that the Layout Development Completion Certificate (LDCC) is issued with the conditions mentioned therein. 3. Having noted the same, this Court had directed Sri V.Ch. Naidu Ld. Counsel for the Petitioner whether this Final Order dated 10.02.2022 has been received by the Writ Petitioner or not. Ld. Counsel for the Writ Petitioner has sought a short pass over to verify the same. When the matter was called out for second time, Sri V.Ch. Naidu, Ld. Counsel for the Writ Petitioner submits that the Final Order dated 10.02.2022 has been received by the Writ Petitioner and the same may be challenged. Having so recorded, this Court deems it appropriate to dispose of this Writ Petition by giving liberty to the Writ Petitioner to avail all remedies as available to him under law. 4. Accordingly, this Writ Petition is disposed of with liberty granted as above. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Date: 30.01.2026 MNR 4 143 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7345 OF 2021 Dt: 30.01.2026 Mnr