APHC010304292019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14068/2019 Between:

Sistla Visakha, ...PETITIONER AND Greater Vishakhapatnam Municipal Corporation and ...RESPONDENT(S)

Others Counsel for the Petitioner:

1. S.V.S.S.SIVA RAM Counsel for the Respondent(S):

26141/AP/1393/1999 The Court made the following:

ORDER :

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

“....to pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the inaction of the 2^nd respondent in issuing the Transferrable Development Rights (“TDR”) Certificate after acquiring 500 Sq Metres of the petitioners property situated at Door No.2-42 situated in Survey No.159/3 Patta No.114, Kommadi Village, Visakhapatnam District for the purposes of road widening as wholly illegal and arbitrary contrary to the proceedings vide Rc.No.5419/2012/ACP-I dated 04.04.2014 issued by the 2^nd respondent besides being violative of Article 14 and 300-A of the Constitution of India and consequently direct the respondents to issue Transferrable Development Rights (“TDR”)

Certificate to the petitioner…”

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. The grievance of the petitioner is that his land to an extent of 500 sq. meters was acquired by the 2^nd respondent for the purpose of road widening vide proceedings dated 04.04.2014. The petitioner made representation on 29.09.2017 to the 2^nd respondent for issuance of TDR but till date no communication whatsoever has been received. Reiterating the same, the petitioner has once again made representation dated 19.08.2019 but the respondents have neither issued the TDR nor responded. Complaining the same the present writ petition is filed.

4. Learned Standing Counsel for the respondents, on instructions, has submitted that the property claimed by the petitioner is AWD Government land. As such, the respondents are unable to issue the TDR bonds. But however, it is an admitted fact that so far no orders are passed on the representation made by the petitioner on 19.08.2019.

5. In view of the same, inspite of going into the merits, this Court feels it appropriate to dispose of the writ petition directing the 2^nd respondent to pass appropriate orders on the representation made by the petitioner on 19.08.2019, within a period of three (03) weeks, from the date of receipt of copy of this order, in accordance with law. No order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

__________________ JUSTICE V.SUJATHA

Date: 13.02.2025

JLV