V. JAYARAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed seeking the following relief:

(2.) a) Averments in the affidavit, in brief, are that the petitioners are the absolute owners of vacant land of an extent of Ac.0-28 1/2 cents in the southern part of S.No.727/1 of Moolasagaram Village, Nandyal Municipality, Nandyal Mandal, Nandyal District. The petitioners purchased property under three different sale deeds. The 5th Respondent, represented by its Managing Director filed an application before the 3rd respondent to construct a residential apartment in the name and style of "Sree Padmavathi Arcade" in land admeasuring 2322.9 square meters, in S.No.727/1P and 731/P in Nandyal Municipality. It seems 5th respondent applied for building permission by showing part of petitioners" land i.e. 12 meters as public road in S.No.727/1 and hence, 1st petitioner got issued a legal notice dtd. 14/12/2020 to the 3rd respondent-Kurnool Urban Development Authority (KUDA) and the 4th respondent-Commissioner, Nandyal Municipality. Another representation dtd. 12/2/2021 was made to respondents 3 and 4. The 3rd respondent approved the building permission vide No.1017/0425/B/Nan/SN/2020 dtd. 25/2/2021.

(3.) a) Respondents 1 and 2 filed counter affidavit. It was contended, interalia, that pursuant to common order in W.P.No.7276 of 2021 and batch, the Director of Town and Country Planning passed orders on 19/1/2023 suspending the building plan granted in favour of 5th respondent, since the proposed site is not having minimum required approached road. Pursuant to orders of DTCP, 3rd respondent cancelled/revoked the building permission issued to 5th respondent on 21/3/2023.