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Date of reserved for orders : Date of pronouncement : 24.06.2026 Date of uploading : 01.07.2026 APHC010773872018
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 24 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 37254/2018 Between:
1. S FAQRUDDIN ALI AHMED, S/O SK.VALI, AGED ABOUT 43 YEARS, R/O PLOT NO.235, NEW RTC COLONY, PATAMATA, VIJAYAWADA. 1. STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE REVENUE DIVISIONAL OFFICER, THE REVENUE D OFFICER, VISAKHAPATNAM. 4. THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM DISTRICT. 5. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SIRIPURAM JUNCTION, VISAKHAPATNAM. 6. M SURESH, S/O CHINNA APPA RAO, R/O 11 GOPALAPATNAM, VISAKHAPATNAM. Date of pronouncement : 24.06.2026 01.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 37254/2018 S FAQRUDDIN ALI AHMED, S/O SK.VALI, AGED ABOUT 43 YEARS, R/O PLOT NO.235, NEW RTC COLONY, PATAMATA, VIJAYAWADA. ...PETITIONER AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT THE REVENUE DIVISIONAL OFFICER, THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM. THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SIRIPURAM JUNCTION, VISAKHAPATNAM. CHINNA APPA RAO, R/O 11-77, MAIN ROAD, GOPALAPATNAM, VISAKHAPATNAM. IN THE HIGH COURT OF ANDHRA PRADESH [3457] S FAQRUDDIN ALI AHMED, S/O SK.VALI, AGED ABOUT 43 YEARS, R/O PLOT NO.235, NEW RTC COLONY, PATAMATA, VIJAYAWADA. ...PETITIONER PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AT THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT IVISIONAL THE TAHASILDAR, PENDURTHI MANDAL, PENDURTHI, VISAKHAPATNAM URBAN DEVELOPMENT AUTHORITY, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, SIRIPURAM 77, MAIN ROAD,
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7. SADARAM VENKATA SURYA PRAKASH, S/O LATE PAIDAIAH, R/O NETHAJI STREET, GOPALAPATNAM, VISAKHAPATNAM. 8. SADARAM PAIDATALLAMMA, W/O LATE PAIDAIAH, R/O NETHAJI STREET, GOPALAPATNAM, VISAKHAPATNAM. 9. M/S RAVITEJ CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER D.NO.49-8-3, LALITHANAGAR, AKKAYYAPALEM, VISAKHAPATNAM.
...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, order or direction particularly one in the nature of writ of mandamus directing the respondent Nos.1 to 5 not to permit the respondent No.6 to 9 to make use of the land being an extent of Ac.25.75 cents in Sy.No.179/2 of Chinna Mushidiwada Village, Visakhapatnam for non- agricultural purpose, declaring their action as illegal and ultra vires to the provisions of Article 14 of the Constitution of India besides being in violation of the provisions of the Andhra Pradesh Agricultural Land (Conversion for Non- Agricultural Purposes) Act, 2006 and pass IA NO: 1 OF 2018 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.1 to 5 not to permit the respondent No.6 to 9 to make use of the land being an extent of Ac.25.75 cents in Sy.No.179/2 of Chinna Mushidiwada Village, Visakhapatnam for non-agricultural purpose, pending disposal of the writ petition and pass 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 implead the petitioners as proposed respondents NO.10 to 13 who are proper and necessary parties as they are legal heirs to entitled the lands in an extent of Ac.25-95 cents in New Sy.No. 179/2 by virtue of registered will deed executed in favour of father of the petitioner herein late Jada Samson Vijayakumar and their paternal, uncle late Jada Samuel Vijayakumar by their grand mother late R J Paul in the above writ petition i.e. WP 37254 of 2018 as well as in the interlocutory applications to bring the
facts of the case in their favour and pass
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Counsel for the Petitioner:
1. SIVALENKA RAMACHANDRA PRASAD Counsel for the Respondent(S):
1. GP FOR REVENUE (AP)
2. SOMISETTY GANESH BABU SC For VUDA and MUDA
3. J.V.PHANIDUTH
4. GP MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following:
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Order:-
The learned counsel appearing for the petitioner submits that the petitioner is the owner of the property and that the petitioner is challenging the layout permission granted in favour of the 9th respondent.
2. It is alleged that the property forming the subject matter of the layout was not converted from agricultural purposes to other purposes. However, the layout permission was granted. The said issue can also be considered by the 5th respondent/Visakhapatnam Urban Development Authority.
3. It is submitted that the petitioners in W.P.No.11503 of 2001 had challenged the orders of the Revenue Divisional Officer, Visakhapatnam, cancelling the pattadar pass books granted in favour of one R.J. Paul.
4. The learned Division Bench of this Court disposed of the said writ petition vide order dated 23.02.2024, leaving it open to respondent Nos.1 to 6 to file fresh appeals before the Revenue Divisional Officer. The Revenue Divisional Officer shall consider the appeals in accordance with law after issuing due notice and hearing. It is submitted that the grievance of the petitioner can be adjudicated by the 5th respondent, who is the competent authority, as the orders of this Court have become final.
5. The learned counsel appearing for the respondents also accepts the proposal for disposing of the writ petition by remanding the matter to the 5th respondent for considering the grievance of the petitioner. The 5th respondent shall issue notice to all concerned and grant an opportunity of
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hearing to all concerned before passing appropriate final orders within a period of eight (08) weeks from the date of receipt of a copy of this order.
6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.
7. Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N 24.06.2026 PNS
Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑