M Chilaka Rani Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

M Chilaka Rani Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

No fresh relief in the final order: the Occupancy Certificate had already been issued pursuant to this Court's interim directions dated 22.01.2021; the writ petition was disposed of as the grievance stood adequately addressed, with no order as to costs, and pending miscellaneous petitions were closed.

Issue for consideration

Whether the action of Respondent Nos.2 and 3 in refusing to issue the Occupancy Certificate for the petitioners' residential complex solely on the ground of pendency of W.P. No.15225/2020 was illegal, arbitrary and without jurisdiction.

Court's answer

The grievance of the petitioners has been adequately addressed - the Occupancy Certificate has been issued in pursuance of this Court's interim directions dated 22.01.2021, and W.P. No.15225 of 2020 was dismissed - and therefore the writ petition can be closed.

Ratio / Principle

The present writ petition is disposed of, with no order as to costs.

Key takeaways

Pending miscellaneous petitions, if any, shall stand closed.ratio¶60

Detailed headnote1 paragraphs

Writ Petition No.1421 of 2021 (APHC010019812021), High Court of Andhra Pradesh at Amaravati (Harinath.N, J.), decided 21.11.2025 - Thirteen petitioners, including M/s Sri Homes as Development Agreement-cum-General Power of Attorney holder, sought a writ of mandamus against Respondent Nos.2 and 3 (Vijayawada Municipal Corporation and its City Planner) for refusing, vide Endorsement Letter No.EDS/1073/2020/2664 dated 05/10/2020, to issue an Occupancy Certificate for their ownership-apartment complex at RS.No.404/2B, NTR Colony, Vijayawada, solely on the ground of pendency of W.P. No.15225/2020. HELD: Interim directions issued by this Court on 22.01.2021 were complied with and the Occupancy Certificate has since been issued; W.P. No.15225/2020 has been dismissed. The petitioners' grievance thus stands adequately addressed; the writ petition is disposed of with no order as to costs, and pending miscellaneous petitions stand closed. The Court expressed no view on the legality of withholding an Occupancy Certificate on the ground of pendency of another writ petition.

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W.P.No.1421_2021

APHC010019812021

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3457]

FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 1421/2021

Between:

M CHILAKA RANI, W/O M.VENKATESWARA RAO AGED ABOUT 54 YEARS, OCC.HOUSE WIFE, R/O FLAT NO 303 SRI LAKSHMI SAI HOME APARTMENTS, NETAJI STREET, PATAMATA LANKA, VIJAYAWADA.

CH.SIVA NAGESWARA RAO,, S/O CH.RAMARAO AGED ABOUT 61 YEARS, R/O D NO 72-2-4, MILKBOOTH STREET, PATAMATA, VIJAYAWADA.

K.SAMBASIVA RAO,, S/O K.PERAYYA AGED ABOUT 64 YEARS, OCC. RETIRED EMPLOYEE R/O TEJA TOWERS, PATAMATA, VIJAYAWADA

M.SRI SRAVYA,, W/O M.VENKATESWARA RAO AGED ABOUT 29 YEARS, OCC. EMPLOYEE R/O FLAT NO.303,SRI LAKSHMI SAI HOME APARTMENTS, NETAJI STREET, PATAMATA LANKA, VIJAYAWADA.

V.NAGAMALLIKA,, D/O V.NAGABHUSHANAM AGED ABOUT 32 YEARS, R/O D.NO.64-9-17, CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

V.VAMSI RAMESH,, S/O V.NAGABHUSHANAM, AGED ABOUT 35 YEARS, OCC. BUSINESS R/O D.NO.64-9-17, CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

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W.P.No.1421_2021

V.RAJANI,, W/O V.RAMESH BABU AGED ABOUT 53 YEARS, OCC.HOUSE WIFE R/O D.NO.64-9-17,CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

V.SHEETAL,, D/O V.RAMESH BABU AGED ABOUT 32 YEARS, R/O D.NO.64-9-I 7, CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

V.GIRISH CHANDRA, S/O V.RAMESH BABU AGED ABOUT 27 YEARS, OCC. DOCTOR R/O D.NO.64-9-17, CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

V.CHETAN SUSHEEL, S/O V.RAMESH BABU AGED ABOUT 25 YEARS, R/O D.NO.64-9-17, CHENNUPATI RAMAKOTAIAH STREET, PATAMATA LANKA, VIJAYAWADA - 520 010

M.VENKATESWARA RAO,, S/O M.RAMA RAO AGED ABOUT 56 YEARS, OCC. BUSINESS, R/O FLAT NO.303, SRI LAKSHMI SAI HOME APARTMENTS, NETAJI STREET, PATAMATA LANKA, VIJAYAWADA.

M.ANIRUDH,, SA) M.VENKATESWARA RAO AGED ABOUT 23 YEARS, R/O FLAT NO.303, SRI LAKSHMI SAI HOME APARTMENTS, NETAJI STREET, PATAMATA LANKA, VIJAYAWADA. PETITIONER NOS.1 TO 12 REPRESENTED BY THEIR DEVELOPMENT AGREEMENT - CUM-GENERAL POWER OF ATTORNEY HOLDER,M/S SRI HOMES HAVING ITS OFFICE AT 1' FLOOR, D ADDRESS MALL, MG ROAD, VIJAYAWADA. REP BY ITS MANAGING PARTNER D.SRIKANTH, S/O D.RAMA CHANDRA KOTESWARA RAO AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. D.NO.32-16-3, MOGALRAJPURAM, VIJAYAWADA - 520 010

M/S SRI HOMES HAVING ITS OFFICE, AT 1 ST FLOOR, D ADDRESS MALL, MG ROAD, VIJAYAWADA. REP BY ITS MANAGING PARTNER D.SRIKANTH, SA) D.RAMA CHANDRA KOTESWARA RAO AGED ABOUT 45 YEARS, OCC. BUSINESS, R/O. D.NO.32-16-3, MOGALRAJPURAM, VIJAYAWADA- 520 010

...PETITIONER(S)

AND

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W.P.No.1421_2021

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT

VIJAYAWADA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT

THE CITY PLANNER, VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, KRISHNA DISTRICT

...RESPONDENT(S):

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, one in the nature of Writ of Mandamus, declaring the action of the Respondent Nos.2 and 3 in refusing to issue the Occupancy Certificate (OC) vide Endorsement Letter No.EDS/1073/2020/2664 dated 05/10/2020 in respect of the Petitioners residential complex consisting of ownership apartments raised in the Premises bearing Door No.52-3-2A14, Plots total admeasuring 5366.66 Sq.yds, situated in RS.No. 404/2B, NTR Colony, Vijayawada on the sole ground of pendency of W.P. No.15225/2020 as illegal, arbitrary, without jurisdiction and violative of principles of natural justice, Articles 14, 19(g), 21, 300-A and contrary to the Greater Hyderabad Municipal Corporation Act, 1955, Andhra Pradesh Municipal Corporations Act, 1994 and the Andhra Pradesh Building Rules, 2017 published vide G.O.Ms.No.119 dated 28/03/2017, G.O.Ms.No.223 dated 09/07/2018 and G.O.Ms.No.180 dated 01/10/2020 by the Municipal Administration and Urban Development (M) Department and consequently set-aside the same and also direct the Respondent Nos.2 and 3 to forthwith issue the Occupancy Certificate (OC) and

IA NO: 1 OF 2021

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 direct the Respondent Nos.2 and 3 to forthwith release the Occupancy Certificate (OC) by suspending the Endorsement Letter No.EDS/1073/ 2020/2664 dated 05/10/2020 in respect of the Petitioners residential complex consisting of ownership apartments raised in the Premises

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W.P.No.1421_2021

bearing Door No.52-3- 2A/4, Plots total ad-measuring 5366.66 Sq.yds situated in RS.No.404/2B, NTR Colony, Vijayawada and pass

IA NO: 2 OF 2021

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 permit the Petitioners to use and occupy the residential complex consisting of ownership apartments raised in the Premises bearing Door No.52-3-2A/4, Plots total ad-measuring 5366.66 Sq.yds situated in RS.No.404/2B, NTR Colony, Vijayawada and to register the flats/apartments in favour of third party purchasers and also direct the Respondent Nos.2 and 3 to forthwith release the mortgage in respect of the Flat Nos.B-FOF3, A-F0F1, A-FOF2, A-FOF5, A-FOF6, B-FOF4(Part), B-FOF5, B¬FOF6 without insisting for the Occupancy Certificate (OC) and pass

IA NO: 1 OF 2024

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 me as Respondent No.4 in WP.No. 1421 of 2021 and well as in the interlocutory Applications for proper and effective adjudication of the writ proceedings and pass

Counsel for the Petitioner(S):

1.M R K CHAKRAVARTHY

Counsel for the Respondent(S):

1.GP FOR MUNCIPAL ADMN URBAN DEV

2.S.V.S.S.SIVARAM SC For VMC

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W.P.No.1421_2021

ORDER:

The present writ petition is filed seeking to declare the action of the Respondent Nos.2 and 3 in refusing to issue the Occupancy Certificate (OC) vide Endorsement Letter No.EDS/1073/2020/2664 dated 05/10/2020 in respect of the Petitioners residential complex consisting of ownership apartments raised in the Premises bearing Door No.52-3-2A14, Plots total ad-measuring 5366.66 Sq.yds, situated in RS.No.404/2B, NTR Colony, Vijayawada on the sole ground of pendency of W.P. No.15225/2020.

This Court granted interim directions on 22.01.2021 directing the respondent authorities to grant the Occupancy Certificate. In pursuance of the interim directions of this Court, the Occupancy Certificate has been issued to the petitioners. As such, the writ petition can be closed, as the grievance of the petitioners has been adequately addressed, and writ petition No.15225 of 2020 was dismissed.

Accordingly, the present writ petition is disposed off. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N

Date:21.11.2025 NKA

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HN, J

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W.P.No.1421_2021

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 1421 of 2021

Date: 21.11.2025

NKA