Reddy Siva Rama Krishna Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Reddy Siva Rama Krishna Vs The State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

None; the writ petition was dismissed as withdrawn at the request of the petitioner's counsel and no costs were imposed.

Issue for consideration

Whether the respondents' action in starting construction of a Community Health Centre in the NTR Park land in R.S.No.150 of Velpur Village, Tanuku Mandal, West Godavari District, without considering Resolution No.478 dated 27.03.2018 passed by respondent No.7 (Velpuru Gram Panchayat), is illegal, arbitrary, violative of principles of natural justice and of the rules in G.O.Ms.No.215 dated 25.06.2001, and whether the respondents should be directed not to construct the Community Health Centre there.

Ratio / Principle

Sri R. Mallikarjuna Rao, learned counsel representing the learned counsel for the petitioner, sought permission of the Court to withdraw the writ petition as no order was required; in view of that representation made on behalf of the petitioner, the writ petition is dismissed as withdrawn, with no costs. No decision was made on the merits of the challenge to the construction of the Community Health Centre.

Key takeaways

Pending miscellaneous applications, if any, in the writ petition shall stand closed.ratio¶¶67

Detailed headnote1 paragraphs

Writ Petition (Article 226, Constitution of India) No.800 of 2024, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), decided 05.05.2025 by Ms Justice B.S. Bhanumathi: Four residents of Velpuru Village (Tanuku Mandal, West Godavari District) sought a writ of mandamus declaring illegal, arbitrary and violative of principles of natural justice and of the rules in G.O.Ms.No.215 dated 25.06.2001 the commencement of construction of a Community Health Centre by respondent Nos. 4 to 6 (the DMHO, APMSIDC and its Executive Engineer) in the NTR Park land in R.S.No.150 of Velpur Village without considering Resolution No.478 dated 27.03.2018 passed by respondent No.7 (Velpuru Gram Panchayat), and prayed that the respondents be directed not to construct the Centre there; interim relief was sought in I.A.No.1 of 2024 under Section 151 CPC, and respondents 8 to 11 had been impleaded by order dated 14.02.2024 in I.A.No.03 of 2024. On the date of hearing, Sri R. Mallikarjuna Rao, representing the learned counsel for the petitioners (Sri Somaraju Yelisetti), sought permission to withdraw the writ petition as no order was required. Held: writ petition dismissed as withdrawn; no costs; pending miscellaneous applications, if any, stand closed. No case-law was cited or considered; no finding was rendered on the merits.

IN THE HIGH COURT OF ANDHRA PRADESH AM,
O I
(Special Original Jurisdiction) I I
MONDAY, THE FIFTH DAY OF MAY V’'
4' ;r

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE MS JUSTICE B S BHANUMATHI

WRIT PETITION NO: 800 OF 2024

Between:

Reddy Siva Rama Krishna, S/o. Krishna Murthy, Hindu, Male, Age- 33 years, R/o. H.No.4-26, Allada Pentayya Vari Street, Velpuru Village, Tanuku Mandal.

G. Hah Venkata Raja Rao, S/o. Sri Rarhamurthy, Hindu, Male, Age-44 years,R/o.H.No.6-66, Near Vinayaka Temple,' Velpuru Village, Tanuku Mandal.

Smt. Gunnam Sridevi, W/o. Srinivasu, Hindu, Female, Age-44 years,

R/o.7-137, Panduranga Temple St, Velpuru Village, Tanuku Mandal.

1. Smt. Reddy Jaya Sri, W/o. Leela Visweswara Rao, Hindu, Fe male. Age- 38 years, R/o. Door. No.8-166, Velpuru Village, Tanuku Mandal, West Godavari District.

...Petitioners

AND

The State of Andhra Pradesh, Rep by its Principle Secretary to P.R & and R.D Dept, A.P. Secretariat, Velagapudi, Amaravathi.

The District Collector, of West Godavari Dikrict, Office at Maruthi Nagar

Bhimavaram.

The District Panchayat Officer, West Godavari District, Bhimavaram.

The District Medical & Health Officer, West Godavari District, Bhimavaram.

The A.P Medical Services & Infractructure Development Corporation Plot No.9, Survey No.49, 2 nd Floor, IT Park, Mangalagiri, Guntur dt. Rep By Its Vice Chairman & Managing Director.

The Executive Engineer of AP.M.S & ID Corporation, 52-39-2 Housing

Board Colony, State Bank Of India Area, Poolapalli, Palakollu, W.G. District.

The Velpuru Grampanchayat, Velpuru Village, Tanuku Mandal, West Godavari District, Rep By Its Secretary.

The State of Andhra Pradesh, Rep by the Principal Secretary,^Health and Family Welfare Dept, Room No.148, Ground Floor Building , 5‘^ Block, A.P.Secretariat, Velagapudi, Amaravathi.

The Medical Officer, Primary Health Centre, Velpuru Village, Tanuku Mandal, W.G.District.

The Tahasildar, Tanuku Mandal,Tanuku ,W.G.District 11. The Mandal Revenue Inspector, Tanuku Mandal, Tanuku, W.G. District.

RR 8 to 11 are impleaded as per the Court Order dt 14.02.2024 vide order passed in I.A.No 03 of 2024.

...RESPONDENTS 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 to issue a writ or direction or directions more particularly one in the nature of writ of Mandamus declaring the High Handed Action of the Respondents without considering the Resolution No.478 Passed by The Respondent No.7 dtd.27/03/2018 Respondent No's 4 to 6 Starting Construction of Community Health Center in the land of NTR Park Situated in RS.No.150 of Velpur Village, Tanuku Mandal. West Godavari District., is illegal, arbitrary. Violation of Principles of Natural Justice and Violation of Rules in G.O.Ms.No.215, dtd.25/06/2001 and Consequently direct to the respondents Not to Construct Community Health Center in

the land of NTR Park Situated in RS.No.150 of Velpur Village, Tanuku Mandal, West Godavari District.

lA 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 to direct the respondents Not to Construct Community Health Center in the land of NTR Park Situated in RS.No.150 of Velpur Village, Tanuku Mandal, West Godavari District-

Counsel for the Petitioners.SRI. SOMA RAJU YELISETTI

Counsel for the Respondents: GP FOR PANCHAYAT RAJ RURAL DEV (AP)

: GP FOR REVENUE

: GP FOR HEALTH MEDICAL & FAMILY - WELFARE

: SRI CH. VENKATA REDDY, STANDING COUNSEL

:SRI N.SRIHARI, STANDING COUNSEL

The Court made the following:

APHC010012222024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

[3311]

(Special Original Jurisdiction)

Monday, the fifth day of May,

Two Thousand and Twenty Five

Present

The Honourable Ms Justice B.S.Bhanumathi

Writ Petition No.800/2024

Between:

Reddy Siva Rama Krishna and others

...Petitioners

and

The State of Andhra Pradesh and others

...Respondents

Counsel for the petitioners:

1 .Somaraju Yelisetti

Counsel for the respondents:

I.N.Srihari (Standing Counsel for ZPP MPP and Gram Panchayat)

2.GP for Panchayat Raj Rural Development (AP)

Venkata Reddy Chittem (SC for APMSIDC)

The Court made the following Order:

This writ petition under Article 226 of the Constitution of India is filed for the following relief:

...to issue a writ or direction or directions more particularly one in the nature of writ of mandamus declaring the High Handed^Action of the respondents without considering the resolution No.478 passed by the respondent No.7 dated 27.03.2018 respondent Nos.4 to 6 starting construction of community health^centerinthe land of NTR park situated in RS.No.150 of Velpur Village,^Tanuku

2

BSB,J W.P.No.800 of2024^</sup>

Mandal, West Godavari District is illegal, arbitrary, violation of principles of natural justice and violation of rules in G.O.Ms.No. 215 dated 25.06.2001 and consequently direct to the respondents not to construct community health center in the land of NTR park situated in RS.No.l50 of Velpur village, Tanuku Mandal,^West Godavari District and to pass such other order or orders....”

Sri R.Mallikarjuna Rao, the learned counsel representing^thelearned counsel for the petitioner, requested permission of^{theCourttowithdrawthe} writ petition as no order is required.

In view of the representation made on behalf of the petitioner, the writ petition is dismissed as withdrawn. No costs.

Pending miscellaneous applications, if any, shall stand^closed.

//TRUE COPY//

Sd/- K. SRINIVASA RAJU ASSISTANT RIEQI^RAR SECTION OFFICER

To,

One CC to SRI. SOMA RAJU YELISETTI Advocate [OPUC] 2. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV (AP) ,High^Court Of Andhra Pradesh. [OUT]

Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh [OUT]

Two CCs to GP FOR HEALTH MEDICAL & FAMILY WELFARE, High Court of Andhra Pradesh. [OUT]

OneCCto SRI N. SRIHARI, Standing Counsel [OPUC] 6. One CC to SRI CH. VENKATA REDDY, Standing Counsel [OPUC]

Three CD Copies

HIGH COURT

DATED;05/05/2025

ORDER

WP.No.800 of 2024

DISMISSING THE WRIT PETITION AS WITHDRAWN