Andhra Pradesh High Court - Amravati
) Heard Sri. Thota S.V.L.N. Swamy vs Municipal Administration And ... on 4 May, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 11792 OF 2023
JUDGMENT:-
1) Heard Sri. Thota S.V.L.N. Swamy, learned Counsel
for the Petitioner, learned Government Pleader for
Municipal Administration and Urban Development for
Respondent No.1 and Sri. K. Madhava Reddy, learned
Standing Counsel for Respondent Nos.2 to 4.
2) The Petitioner has filed this Writ Petition, under
Article 226 of the Constitution of India, for the following
relief:-
"......to issue a writ, order or direction more
particularly one in the nature of writ of Mandamus
declaring the impugned action of the 4th respondent in
taking action on the U.O. Note issued by the 3rd
respondent vide Rc. No. /2023/TP Section/ZV, dated
21.03.2023 in-spite of stating it as most urgent as
highly illegal, arbitrary and unconstitutional, apart
from violation of Article 300A of the Constitution of
India and to pass.................."
3) Learned Counsel for the Petitioner submits that, the
Petitioner submitted a Spandana complaint for cancellation
of plan and building permit order, granted in favor of the
Respondent Nos. 5 and 6, on the ground that they illegally
grabbed the Petitioner's site to an extent of 360 Square
yards, Plot No.34 in Survey No.20/4B of Madhavadhara
Village, Seethanna Gardens, Ward No.51. Upon the same,
the site was inspected by the Assistant City Planner,
Zone-V, Vishakapatnam, and a notice was issued under
Section 635 of A.P.M.C. Act, 1955, to the Respondent
Nos.5 and 6, dated 27.02.2023, as also to the Petitioner on
27.02.2023, to submit ownership documents with link
documents. Pursuant to which, both the parties have
submitted the ownership documents. The Town Surveyor,
Zone-V, was also requested to examine and furnish report
along with sketch of the said property in presence of both
the parties, for which the direction was issued on
21.03.2023 by the Assistant City Planner.
4) The grievance raised is that the Town Surveyor is not
furnishing the report.
5) Learned Counsel for the Petitioner further submits
that, the Petitioner filed O.S. No. 659 of 2020 for
permanent injunction against the present Respondent
Nos.5 & 6, which is pending in the Court of IV Additional
Junior Civil Judge, Visakhapatnam, with respect to the
same property. Direction has been requested by way of
"Writ of Mandamus" to direct the Respondent No.4 to take
action forthwith pursuant to the direction issued by the 3rd
Respondent vide Ex.P1 to the 4th Respondent.
6) Having considered the submissions advanced, this
Court finds that, with respect to the same property and
between the same parties, O.S. No. 659 of 2020 is pending
before the learned trial Court. Even if the 3rd Respondent
has passed the order directing the 4th Respondent to
submit the report, this Court is not inclined to entertain
the writ petition, for any direction, pursuant to the
direction of Respondent No. 3, so as to run the parallel
proceedings parallel to the pending Suit proceedings.
7) The Writ Petition is dismissed.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
________________________
RAVI NATH TILHARI, J
Date: 04.05.2023.
SM/NSM.
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION NO. 11792 OF 2023
Date: 04.05.2023
SM/NSM
