APHC010205002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11498/2026 Between: 1. KUNDURU HARASHA VARDHAN REDDY, S/O. RAMI REDDY, AGED 32 YEARS, R/O. P.CHINTHAKUNTA (V), ALLAGADDA (M), NANDYAL DISTRICT- 518543. 2. BOYA SAMPATH KUMAR,, S/O. NARASIMHULU, AGED 35 YEARS, R/O. VELUGODU (V), (M), NANDYAL DISTRICT- 518533. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT VELAGAPUDI, AMARAVATI-522237. 2. KURNOOL URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE- CHAIRMAN, KURNOOL, KURNOOL DISTRICT- 518001. 3. NANDYAL MUNICIPALITY, REP. BY ITS COMMISSIONER, NANDYAL, KURNOOL DISTRICT- 518501. 4. DONAPATI NAGESWARA REDDY, S/O. DONAPATI SIVA REDDY, AGED 55 YEARS, H.NO.27/408, MOOLASAGARAM (V), NANDYAL DISTRICT- 518502. 5. DONAPATI VENKATESWARA REDDY, S/O. DONAPATI SIVA REDDY, AGED 52 YEARS, H.NO 27/40, MOOLASAGARAM (V), NANDYAL DISTRICT - 518502 ...RESPONDENT(S): 2 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 topleased to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus to declare the layout permission in L.P.NO.9/2021/1017/KUDA/DPMS, Dt 28-05-2021 in File No. 1017/0003/ LP/ Nan/2021/Mortgage and the issuance of the (LDCC)land development completion certificate Dt. 18-04-2024 by the 2nd respondent in favor of Respondents 4 and 5 with respect to Ac.07.38 cents in Sy.No.324, Sy.No.326/1 and Sy.No.326/2 of Noonepalli village within the limits of Nandyal municipality purchased by the petitioners under an agreement of sale, which is subject matter of O.S.No.42 of 2025 on the file of lll-Addl. District Judge, Nandyal (O.S.No.2 of 2024 filed by them in the court of ll- Additional SCJ, Nandyal), Kurnool District as arbitrary, capricious, illegal and violative of the provisions of AP Municipalities Act and AP Land Development (Layout and Sub- Division) Rules, 2017 and pass IA NO: 1 OF 2026 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 pleased to suspend layout permission in L.P.NO.9/2021/1017/KUDA/DPMS, Dt: 28-05-2021 in File No.1017/0003/ LP/ Nan/2021/Mortgage and the consequent issuance of the land development completion certificate (LDCC) Dt. 18-04-2024 by the 2nd respondent in favor of Respondents 4 and 5 or in the alternative direct the respondents 4 and 5 not to alienate/ transfer the plots in the layout bearing L.P.NO.9/2021/1017/KUDA/DPMS, Dt: 28-05-2021 in File No.1017/0003/ LP/ Nan/2021/Mortgage granted by the 2nd respondent with respect to Ac.07.38 cents in Sy.No.324, Sy.No.326/1 and Sy.No.326/2 of Noonepalli village within the limits of Nandyal municipality pending disposal of the writ petition in the interests of justice and pass IA NO: 2 OF 2026 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 vacate the interim orders granted by this Honble Court on 28.04.226 in WP.11498/2026 and pass IA NO: 3 OF 2026 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 (6) Smt. Usirikayala Lakshmi Devi, W/o. Late 3 Pullaiah, aged about 65 years, R/o. Govindapalle Village, Sirvel Mandal, Nandyal District and (7) Sri Usirikayala Madhusudhan Goud, S/o. Late Pullaiah, aged about 46 years, R/o. Govindapalle Village, Sirvel Mandal, Nandyal District, as Respondent Nos.6 and 7 in the above writ petition, and pass IA NO: 4 OF 2026 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 extend/continue the interim order dated 28.04.2026 as continued by order dated 08.07.2026, directing respondents 4 and 5 to maintain status quo in W.P.No. 11498 of 2026, and pass Counsel for the Petitioner(S): 1. P SUBASH Counsel for the Respondent(S): 1. SHANTI PRASAD SINGALURI SC For UDA CHITTOOR,KADAPA,KURNOOL,ANP,PUTTAPARTHI 2. M BALASUBRAHMANYAM 3. GP MUNCIPAL ADMN AND URBAN DEV AP 4 The Court made the following Order:- Learned counsel appearing for the petitioners submits that the petitioners are aggrieved by the action on part of the respondent Nos. 2 and 3 in not considering the representation of the petitioners seeking cancellation of the layout permission in L.P. No. 9/2021/1017/KUDA/DPMS dated 28.05.2021 in File No. 1017/0003/LP/Nan/2021/Mortgage and the consequential issuance of the Land Development Completion Certificate (LDCC) dated 18.04.2024 by respondent No. 2 in favour of respondent Nos. 4 and 5. It is submitted that O.S. No. 42 of 2025 on the file of the III Additional District Judge, Nandyal, and O.S. No. 2 of 2024 on the file of the II Additional Senior Civil Judge, Nandyal are pending consideration; a consequential direction to respondent Nos. 4 and 5 not to alienate or transfer the plots covered under the said layout permission relating to an extent of Ac. 7.38 cents in Sy. Nos. 324, 326/1 and 326/2 of Noonepalli Village, within the limits of Nandyal Municipality, is sought for. 2. It is submitted that the petitioners claim rights over the subject property under an Agreement of Sale dated 05.03.2022 and have instituted a suit for specific performance, which is pending consideration. It is further submitted that the vendors of the petitioners have also filed O.S. No. 1 of 2023 on the file of the III Additional District Judge, Nandyal, and respondent Nos. 4 and 5 are the defendants therein and the said suit is filed by the vendors of the petitioners seeking title to the subject property. It is also submitted that a third party has filed O.S. No. 41 of 2025 seeking the relief of specific performance 5 on the basis of an Agreement of Sale dated 14.05.2023. According to the petitioners, all the above suits are pending before the competent Civil Courts. However, respondent No. 2 granted layout permission in favour of respondent Nos. 4 and 5 and thereafter proceeded to issue the Land Development Completion Certificate. Upon coming to know of the same, the petitioners submitted a representation dated 05.01.2026 seeking cancellation of the said permission. 3. It is submitted that the respondent authority unmindful of the pendency of the suits has proceeded further in granting the Land Development Completion Certificate. The non consideration of the petitioners’ representation is under challenge in the present petition as the petitioner is claiming title over the subject property by virtue of an agreement of sale. 4. Learned Standing Counsel appearing for Respondent No. 2 submits that the 2nd respondent has delegated the powers to the 3rd respondent and that the 3rd respondent would have to consider the representation of the petitioner. 5. Learned counsel appearing for Respondent No. 4 and 5 submits that the layout permission was granted on 28.05.2021 and that the suits which have been filed are all subsequently filed with motives better known to the plaintiffs therein. It is submitted that the suit filed by the petitioners vendors was dismissed for non prosecution and that the application for restoration of the same is pending. It is also submitted that there is no interim order in favour 6 of the plaintiffs in any of the suits pending consideration. It is submitted that mere pendency of suits should not preclude the respondent authorities in granting layout permission or preclude the respondents Nos.4 and 5 from putting to sale the layout plots which form part and parcel of the layout. It is submitted that this Court vide order dated 28.04.2026 directed status quo to be maintained and further directed not to create any third party rights either way by way of lease, sale or any other mode of alienation till the next date of hearing. It is submitted that the petitioner has invested heavy amounts in development of the layout and that the said order is coming in the way of further development of the layout and also the petitioners are unable to put the plots for sale. 6. Heard the learned counsel for the petitioners and the learned standing counsel for respondent Nos.2 and 3 and the learned counsel for respondent Nos.4 and 5. 7. The short point for consideration is whether the objection raised by the petitioners before 3rd respondent seeking cancellation of the Layout permission could have been considered and appropriate orders be passed. The application made by the petitioners was received by the 3rd respondent and a copy was also served in the office of the District Collector, Kurnool. The petitioners have so far not furnished any copies of interim orders passed by any court in any of the pending suits. 7 8. The learned counsel for respondent Nos.4 and 5 has submitted that there are no interim orders prohibiting alienation of the subject property. Mere pendency of the suits should not come in the way of the respondent authorities in considering the applications for grant of layout or any other orders insofar as the layout application is concerned. The respondent authorities would be precluded from granting permission or proceeding further with processing the application if there is any order passed by any court of law in any judicial proceeding. 9. In the present facts of the case, this court finds no grounds to interfere. However, it is left open for the petitioners to submit a fresh representation before the respondent authorities for considering the representation and it is left open for the respondent authorities to consider the same and pass necessary orders by issuing notice to all concerned. 10. With these observations, this writ petition stands disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 05.08.2026 RSD 8 67 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11498/2026 05.08.2026 RSD