Andhra Pradesh High Court - Amravati
U Kondala Rao vs The State Of Ap on 21 November, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.18002 of 2021
JUDGMENT:-
1. Heard Sri Palla Balu Anil Kumar, learned counsel for the petitioner, Sri V Surya Kiran Kumar, learned counsel appearing for 3rd respondent and Sri S.Lakshmi Narayana Reddy, learned counsel for the respondent Nos. 2 and 4.
2. This writ petition under Article 226 of the Constitution of India has been filed seeking to declare the action of the 3rd respondent in rejecting the LRS application of the petitioner through letter No. 31368/12/L5 dated 25-11-2013 to regularize the plot Nos. 46 and 47 in Sy. No. 60 & 70/6 to an extent of 500 square yards, situated at Bottavanipalem near Paradesamma temple, Madhurawada village, Visakhapatnam rural as illegal and arbitrary.
3. The petitioner is challenging the proceedings in letter No. 31368/12/L5 dated 25-11-2013 by which his application for regularization was rejected under Andhra Pradesh Regulation of Unapproved and illegal Lay out Rules, 2007 after almost a lapse of nine (9) years. The petition does not explain the laches in filing the same.
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4. Learned counsel for the petitioner submits that under the same rules, the unapproved plot of another individual was approved on 11.10.2012 of which, the petitioner acquired knowledge recently in the year 2021 and consequently, the present writ petition is being filed. 5 The argument as aforesaid does not explain laches on the petitioner's part.
6. Besides, on a perusal of the order with respect to such person namely Talla Srinivas, at page No.14 of the affidavit, shows that his application, on examination was found to be in order and his plot was regularized.
7. Sofaras the petitioner is concerned, the impugned order assigns the following reason for rejection of the application.
" (1) The layout site is having only one approach on the Southern side blocked with an existing temple. There is no approach road to the plots".
8. Consequently, regularization of one's plot, does not necessarily give right to other for regularization of his unapproved plot and particularly when specific reason is assigned in the order dated 25.11.2013 of the petitioner 3 .
9. For all the aforesaid reasons, there is also no substance in the writ petition. It is accordingly, dismissed. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 21.11.2022 psr 4 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI 83 (Dismissed) WRIT PETITION No.18002 of 2021 Date: 21.11.2022 5 Psr