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2021 Supreme(AP) 589

M.SATYANARAYANA MURTHY
M. Siva Parvathi, W/o. M. Sambasiva Rao – Appellant
Versus
State of Andhra Pradesh, represented by its Principal Secretary Municipal Administration and Urban Development Department – Respondent


Advocates Appeared:
For the Petitioner: Ravi Kondaveeti.
For the Respondent: GP For Municipal Admn. Urban Dev.

ORDER :

1. M. Siva Parvathi and two others filed this petition under Article 226 of the Constitution of India to issue a Writ of Mandamus declaring the action of the respondents in rejecting the claim of the petitioners for revision of building plan in B.A.No.1168/4043/B/ PMLR/KNR/2017 dated 01.02.2018 in respect of land admeasuring 1965 sq.yards in R.S.No.218/5 situated at Kanuru Village, Kanuru Gram Panchayat, Penamaluru Mandal, Vijayawada, Krishna District on the ground of pendency of civil suit is wholly illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently declare that the petitioners are entitled for sanction of revised building plan and for release of mortgage created in favour of respondent No.2.

2. The case of the petitioners, in brief, is that petitioner Nos.1 and 2 herein are the absolute owners of land admeasuring 1965 sq. yards in R.S.No.218/5 situated at Kanuru Village, Kanuru Gram Panchayat, Penamaluru Mandal, Vijayawada, Krishna District. Petitioner Nos.1 and 2 entered into development agreement with petitioner No.3 he

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