Sri Srinivasa Real Estates, v. The State Of Andhra Pradesh, Rep. By Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH Between:

Sri Srinivasa Real Estates, Rep. by its Executive Partner, Chodisetti Buchiraju, S/o. Venkataramana, Hindu, Aged about 36 years, Occ: Business, S. Annavaram Village, Tuni Mandal, East Godavari District.

.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad & 4 others .. Respondents DATE OF JUDGMENT PRONOUNCED: 21.07.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO Whether Reporters of Local newspapers may be allowed to see the Judgments?

Yes/No

Whether the copies of judgment may be marked to Law Reports/Journals Yes/No Whether His Lordship wish to see the fair copy of the Judgment?

Yes/No HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

The petitioner claims to have purchased agricultural land admeasuring to an extent of Ac. 28.65 cents in Survey Nos.248/2, 249, 250, 251/, 251/2, 252/1 and 252/2, situated in Valluru Village, Tuni Mandal, East Godavari District. The petitioner applied to the revenue authorities for conversion of land into nonagricultural purposes and, accordingly, the Revenue Divisional Officer, Peddapuram, passed orders converting the land into non-agricultural purpose. Thereafter, on 10.03.2015, the petitioner applied for layout permission to the Sarpanch, Gram Panchayat, Valluru Village, Tuni Mandal, East Godavari District (2nd respondent) duly complying with all the required norms. Thereafter, representation was submitted on 15.05.2015 to the Divisional Panchayat Officer, Kakinada, requesting to forward it to the Director, Town and Country Planning, Hyderabad (5th respondent). Alleging that in spite of an application submitted on 10.03.2015 and a request made on 15.05.2015, so far the application of the petitioner is not forwarded to the Director, Town and

Country Planning, Hyderabad, this writ petition is filed.

2. Learned Standing Counsel representing the Gram Panchayat submits that the report ought to have been submitted and the proposals ought to have been submitted to the Director in due course and a direction be issued to the Gram Panchayat for forwarding the layout plan to the Director of Town and Country Planning, subject to fulfillment of all other requirements notified in G.O.Ms.No.67, PR & RD (pts.IV), dated 26.02.2002.

3. Having regard to the submissions, without expressing any opinion on merits, the Writ Petition is disposed of directing the Sarpanch, Valluru Gram Panchayat, Valluru Village, Tuni Mandal, East Godavari District (2nd respondent) to forward the layout application submitted by the petitioner on 10.03.2015 to the Director, Town and Country Planning, Hyderabad (5th respodnent), subject to the petitioner fulfilling all the required formalities as prescribed in the rules notified in G.O.Ms.No.67, PR & RD (pts.IV), dated 26.02.2002, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of this order. If the 2nd respondent is of the opinion that the requirements of rules notified in G.O.Ms.No.67, PR & RD (pts.IV), dated 26.02.2002, are not complied, the same should be intimated to the petitioner and on due compliance of the objections pointed out, the draft plan should be forwarded to the 5th respondent. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

_________________ P.NAVEEN RAO, J Date: 21st July, 2015 KL

HON'BLE SRI JUSTICE P.NAVEEN RAO

Date: 21st July, 2015 KL