APHC010237602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12104/2024 Between:

Kunapareddy Radha Rani, ...PETITIONER AND The Government of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner:

1. G VIVEKANAND Counsel for the Respondent(S): 1. KOTHAPALLI SAI SRI HARSHA

2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“.... to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the 2^nd respondent in not deciding the appeal filed under rule 17 of the Andhra Pradesh Regularization of unapproved Layouts and Plots Rules, 2020 and in not granting interim direction as prayed for pending disposal of the appeal, as highly illegal, arbitrary and consequently direct the official respondents to decide the appeal preferred by the petitioner on

29.12.2022 forthwith....”

2. The case of the petitioner is as follows:

a) The petitioner has filed a suit in O.S.No.45/2013 before the learned XV Additional District Judge at Nuzvid against the unofficial respondents and others for partition of the joint family properties, specifically items 1 and 3 of A schedule and B and C schedule properties into 12 equal shares and to deliver vacant possession of one such share to her by evicting the defendants, who are to be found to be in possession of the property that would be allotted to the share of the plaintiff and allot item No.2 of plaint A schedule property to the share of the plaintiff by working out equities and the same is pending for adjudication.

b) Meanwhile, the unofficial respondents along with some other family members started developing land in an extent of Ac.1.82 cents in R.S.No.194/11 and land in an extent of Ac.1.90 cents in R.S.No.193/17 of Nadimi Tiruvuru, totaling an extent of Ac.3.72 cents. When the petitioner came to know about the same, she submitted a petition on 18.11.2020 to the 4^th respondent/Commissioner, Tiruvuru Nagar Panchayat, requesting him not to accord any approval for any layout in respect of the above said property. Subsequently, on 10.02.2022, a notice under Section 184 of A.P. Municipalities Act, 1965 was issued to all the parties involved. The petitioner gave a reply on 14.02.2022 stating that she was not involved in making a layout and requested the 4^th respondent to take action against the erring persons. On 23.09.2022, the 4^th respondent issued a public notice calling for objections, and on 24.09.2022, the petitioner submitted objections informing the above said facts and pendency of O.S.No.45/2013 and citing Rule 6(14) of G.O.Ms.No.10 Municipal Administration & Urban Development (M) Department, dated 08.01.2020, which stipulates that any sites under legal litigation/disputes regarding ownership are not eligible for regularization. However, the 4^th respondent refused to consider her objections, vide endorsement dated 28.11.2022. Questioning the same, the petitioner preferred an appeal under Rule 17 of the Andhra Pradesh Regularization of Unapproved Layouts and Plots Rules, 2020 before the appellate authority i.e. the 2^nd respondent herein on 29.12.2022, seeking a direction to the 4^th respondent not to approve any building plan or any application received for construction of building in the land to an extent of Ac.3.72 cents in R.S.Nos.193/17 and 194/11 of Nadimi Tiruvuru, Tiruvuru Nagar Panchayat, NTR District. However, no orders have been passed on the appeal till date.

3. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents.

4. Learned counsel for the petitioner brought to the notice of this Court that as per Rule 17(4) of G.O.Ms.No.10 Municipal Administration & Urban Development (M) Department, dated 08