Dhone Sambasiva Rao vs Union Of India on 14 August, 2020

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Andhra Pradesh High Court - Amravati

Dhone Sambasiva Rao vs Union Of India on 14 August, 2020

Bench: J K Maheshwari, M.Satyanarayana Murthy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICTION)
FRIDAY , THE FOURTEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI
AND
THE HONOURABLE SRI JUSTICE A V SESHA SAI

THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION Nos.13203, 13204, 13205 & 13206 OF 2020
WRIT PETITION No.13203 OF 2020

Between:

1. Rajadhani Rythu Parirakshnana Samithi, A society registered under the Societies
Act Bearing Registration No.283 of 2016, having its office at H.No.11-94, Tullur,
Amaravati, Andhra Pradesh, Rep. by its Secretary, Sri Dhanekula Rama Rao.

2. Pathan Ahammad Khan, S/o P. Galab Khan, aged about 48 years, Occ
porounre 6-29/1, S C Colony, Thullur (Mandal), Rayapudi, Guntur, Andhra

radesh.

3. Ponnekanti Chitti Babu,, S/o Venkatesh, aged about 53 years, Occ. Agriculture,
42-11-41, Thullur, Guntur, Andhra Pradesh.

4. Peddineni Lakshmaiah, S/o Ramarao, age about 46 years, Occ Agriculture, 1-14,
Tank Bandi Area, Thullur, Ainavolu, Guntur, Andhra Pradesh.

5. Koyyagura Ravi Babu, S/o Peraiah, aged about 47 years, Occ. Agriculture, 2-
103, Nelapadu, Thullur, Guntur, Andhra Pradesh.

6. Indurthi Naga Malleswara Rao, S/o Chandraiah, aged about 52 years, Occ
Agriculture, 2-32, Nelapadu, Thullur, Guntur, Andhra Pradesh.

7. Nuthaki Chandra Sekhar, S/o Ranga Rao, aged about 53 years, Occ Agriculture,
4-83, Nuthaki Street, Mandadam, Guntur, Andhra Pradesh.

, Petitioners
AND

4. The State of Andhra Pradesh, rep. by its Chief Secretary, Building-I, 1st floor,
Secretariat, Velagapudi, Amaravati, A.P.

2. Andhra Pradesh Capital Region Development Authority, Karl Marx Road, Lenin
Centre, Arandalpet, Governorpeta, Vijayawada.

3 The Union of India, Through the Ministry of Housing and Urban Affairs, North
Block, New Delhi India- 110001.

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 appropriate writ or order or direction more particularly a writ in the a writ of
Mandamus

a. Declaring that the State of Andhra Pradesh has no legislative competence-TO-
change the Capital of the State or to denude Amaravati from being the seat of the 3
civic wings of the State including the Legislature, Executive and the Judiciary,

b. Declaring that the Andhra Pradesh Capital Region Development Authority
Repeal Act, 2020 is ultra vires Articles 3, 4, 14, 19, 21, 197, 174 Parts IX and IXA, 300-
A of the Constitution of India r/w Sections 5 31(2) and 94 of the A.P. State
Reorganization Act, 2014 and consequently declare it to be null and void,

c. Declaring that the Andhra Pradesh Decentralization and Inclusive Development
of All Regions Act, 2020 is ultra vires Articles 3, 4, 14, 19, 21, 197, 174, Parts IX and
IXA, 300-A of the Constitution of India rw 5, 31(2) and 94 of the AP. State
Reorganization Act, 2014 and consequently declare it to be null and void.

d. Declaring that the report of the High-Powered Committee dated 17.01.2020 as
being bad in law and ultra vires of Articles 14 and 21 of the Constitution of India.

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e. Directing the Respondents to forthwith forbear from acting pursuant to or in
furtherance of the report of the High-Powered Committee dated 17.01.2020,

f. Directing the Respondents to forthwith forbear from shifting any of the offices of
the 3 civic wings of the State including but not limited to the Raj Bhavan, Chief Ministers
Camp Office, offices of the Secretariat, Heads of Departments of the Government,
Police Department, State Corporations, State Government Offices and Officers, from
their current locations in and around Amaravati and from trifurcating the Capital for a
period of 30 years or such time as this Honble Court deems fit and proper in the
circumstances of the case; and

g. Directing the Respondents to implement the Master Plan as notified on
23.06.2016 under Section 39 of the Andhra Pradesh Capital Region Development
Authority Act, 2014 including by constructing the necessary buildings and housing the
offices of the 3 civic wings of the State Government including the Executive, Judiciary
and Legislature in Amaravati.

IA NO: 1 OF 2020

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 suspend
the operation of the Notifications by which the Andhra Pradesh Capital Region
Development Authority Repeal Act, 2020 and the Andhra Pradesh Decentralization and
Inclusive Development of All Regions Act, 2020 were notified to come into force,
pending disposal of WP 13203 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
suspend the operation of G.O.Mos. No. 155 dated 01-08-2020 issued by the 1%
respondent state pending disposal of WP 13203 of 2020, on the file of the High Court.

IA NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents to implement the master plan as notified on 23-06-2016 under
section 39 of the Andhra Pradesh capital regional development authority Act, 2014
including by finishing the works for which contracts have already been awarded,
pending disposal of WP 13203 of 2020, on the file of the High Court.

IA NO: 4 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the Respondents not to take any steps whatsoever towards the shifting any of the
the offices of the State Government and Judiciary, including bu not limited to the Raj
Bhavan, Chief Ministers Camp Office, offices of the Secretariat, Heads of Departments
of the Government, Police Department, State Corporations, State Government Offices,
from their current locations in and around Amaravathi, pending disposal of WP 13203 of
2020, on the file of the High Court.

IA NO: 5 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
suspend the operation of the Order bearing Rc. No.1203/G2/2016, dated 31.07.2020

issued by the Respondent, pending disposal of WP 13203 of 2020, on the file of the
High Court.

3% -

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and order of the High Court dated 04-08-2020 made herein and
upon hearing the arguments of Sri Sai Sanjay Suraneni Advocate for the Petitioners,
Advocate General for the Respondent Nos.1 & 2 and of Sri Harinath, Assistant Solicitor
General for Respondent No.3.

WRIT PETITION No.13204 OF 2020

Between:

1. Done Sambashiva Rao, S/o. Venkateshwarlu, Aged about 55 Years, Occupation
Agriculture, R/o. H.No.8-213, 2nd Ward, near Ramalayam Center, Yerrabalem
Village, Mangalgiri, T B Sanitorium, Guntur District, Andhra Pradesh - 522505.

2. Thati Srinivasa Rao, S/o. Ramulu, Aged about 48 years, Occupation. Agriculture,
R/o. H.No.1-112, Inavolu Village, Thulluru Mandal, Guntur District, Andhra
Pradesh - 522 237.

Petitioner
AND

4. Union of India,, Rep. by its Secretary, Ministry of Home Affairs, Office at Jai
Singh Marg, Hanuman Road Area, Connaught Place, New Delhi, Delhi -110 001.
Email ID [email protected]

2. The Secretary,, Niti Aayog. Government of India Office at Sansad Marg, Sansad
Marg Area, New Delhi, Delhi 110 001.

3. The Govt. of Andhra Pradesh,, Rep. by its Chief Secretary, Office at AP
Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-522503. Email ID
[email protected]

4. The Special Chief Secretary,, General Administration Department, The Govt. of
Andhra Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati,
Andhra Pradesh-522503. Email ID [email protected]

5. The Secretary,, Legal and Legislative Affairs and Justice, Law Department The
Govt. of Andhra Pradesh Office at AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503. Email ID secy [email protected]

6. The Secretary,, A.P. Legislature Secretariat, Department of Legislative Affairs,
Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-
522503. Email ID [email protected]

7. The Principal Secretary,, Roads and Buildings Department, The Govt. of Andhra
Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503 Email [email protected].

8. The Principal Secretary,, Finance and Planning Department, The Govt. of Andhra
Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503. E-Mail [email protected]

9. The Principal Secretary,, Municipal Administration and Urban Development, The
Govt. of Andhra Pradesh Office at AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503 Email [email protected].

10.Sri. Y. S. Jagan Mohan Reddy, S/o. Late Y. S. Raja Shekar Reddy, Hon' ble -
Chief Minister of Andhra Pradesh, aged about 46 years, R/o. ist Floor, Building-l,
Velagapudi Email- [email protected]

11.Sri Botcha Satyananarayana,, Minister for Municipal Administration and Urban
Development, Office at Room No.135, Ground Floor, Building No.2, Velagapudi,
Email [email protected] peshimaudap|@gmail.com

12. Sri Buggana Rajendranath Reddy,, Minister for Finance and Planning, Legislative
Affairs Office at Room No.212, First Floor, Building No.2, Velagapudi Email
[email protected]

Respondents

a. Declaring the Decentralization and Inclusive Development of all Regions Act,
2020 (Act 28 of 2020), to be unconstitutional, infringing the fundamental rights of the
writ petitioners under Articles 14, 19 and 21 of the Constitution of India who gave their
lands under A.P. Capital City Land Pooling Scheme (Formulation and Implementation)
Rules 2015

» bps

b. Declaring the Decentralization and Inclusive Development of all Regions Act,
2020 (Act 28 of 2020) to be passed in violation of Articles 196(2) and 197 of the
Constitution of India.

c. Declaring the Decentralization and Inclusive Development of all Regions Act,
2020 (Act 28 of 2020).as violative of Articles 174, 248, 253, 266, 275, 293, 295 and 299
of the Constitution of India

d. Declaring the action of the 1s Respondent in recognizing Amaravati as the
Capital City for the State of Andhra Pradesh to be in accordance with Section 5, 6 and
94 of the Andhra Pradesh Reorganization Act, 2014 and consequentially to declare
Decentralization and Inclusive Development of all Regions Act, 2020 (Act 28 of 2020)
as repugnant and void under Article 254 and violative of 256 and 257 of the Constitution
of India

e. To declare the Decentralization and. Inclusive Development of all Regions Act,
2020 to be in violation of Section 31 read with Entry-78 of List-1 (Union. List), Seventh
Schedule of the Constitution of India.

f. Declaring the Decentralization and Inclusive Development of all Regions Act, 2020
(Act 28 of 2020) to be in violation of Section 6 (b) and (c) of the General Clauses Act,
4897 and Section 8 (c) and (d) of the Andhra Pradesh General Clauses Act, 1891

g. Declaring the Decentralization and Inclusive Development of all Regions Act, 2020
(Act 28 of 2020) to be in derogation of Doctrines of Promissory Estoppel,
Unreasonableness, _Irretrievability, Irrationality, | Perversity, Malice, Legitimate
Expectation, Arbitrariness, Unfairness and Good Governance, which are an extension
of the Fundamental Rights conferred on the writ petitioners under Part-lll of the
Constitution of India

h.To declare the Decentralization and Inclusive Development of all Regions Act,
2020 (Act 28 of 2020) as violative of the Constitutional Right to Property under Article
300-A and also violative of Article 299 of Constitution of India.

i.Declaring the Decentralization and Inclusive Development of all Regions Act, 2020
(Act 28 of 2020) to be in violation of Andhra Pradesh Business Rules 2017 and the All
India Service (Conduct Rules), 1968.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the writ petition, the High Court may be pleased to stay all
further proceedings pursuant to the decentralization and inclusive development of all
regions Act 2020 coming into force, in the interest of justice, pending disposal of WP
43204 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the writ petition, the High Court may be pleased to direct
the respondents not to alienate or create any third party rights or make any allotment in
favour of any third party (s)in so far as the lands comprised in the designated master
plan notified under the APCRDA Act, 2014 pertaining to any of the nine notified theme
cities in the capital city of amaravati, in the interest of justice, pending disposal of WP
43204 of 2020, on the file of the High Court.

1A NO: 3 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents not to spend any money from the state exchequer, for the
purpose of creating any infrastructure at visakhapatnam ignoring the existing
infrastructure at capital city of Amaravati, in the interest of justice, pending disposal of
WP 13204 of 2020, on the file of the High Court.

IA NO: 4 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents not to shift, any files and other office records and furniture from

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the interim government complex at Amaravati and any other government offices
situation in the capital regional area in the interest of justice, pending disposal of WP
13204 of 2020, on the file of the High Court.
IA NO: 5 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents not to shift, the Raj Bhavan, secretariat, Head of Departments,
Police Head Quarters, Central Investigation Department and other Directorates or any
other Government offices, from the capital city of amaravati to visakhapatnam in the
interest of justice, pending disposal of WP 13204 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and order of the High Court dated 04-08-2020 made herein and
upon hearing the arguments of Sri Abhishek Singhvi and Sri Unnam Muralidhar Rao,
Senior Counsel for Sri Unnam Sravan Kumar Advocate for the Petitioners, Sri N.
Harinath, Asst Solicitor General for the Respondent Nos.1 & 2 and of Advocate General
for Respondent Nos.3 to 12.

WRIT PETITION No.13205 OF 2020
Between:

4. Done Sambasiva Rao, S/o. Venkateshwarlu, Aged about 55 Years, Occupation.
Agriculture, R/o. H.No.8-213, 2nd Ward, near Ramalayam Center, Yerrabalem
Village, Mangalgiri, T B Sanitorium, Guntur District, Andhra Pradesh - 522505.

2. Thati Srinivasa Rao, S/o. Ramulu, Aged about 48 years, Occupation. Agriculture,
Rio. H.No.1-112, Inavolu Village, Thulluru Mandal, Guntur District, Andhra
Pradesh - 522 237.

Petitioner
AND

4. Union of India, Rep. by its Secretary, Ministry of Home Affairs, Office at. Jai
Singh Marg, Hanuman Road Area, Connaught Place, New Delhi, Delhi -110 001.
Email ID. [email protected]

2. The Secretary,, Niti Aayog, Government of India. Office at. Sansad Marg,
Sansad Marg Area, New Delhi, Delhi 110 001.

3. The Govt. of Andhra Pradesh,, Rep. by its Chief Secretary, Office at. AP
Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-522503. Email ID.
[email protected]

4. The Special Chief Secretary,, General Administration Department, The Govt. of
Andhra Pradesh Office at. AP Secretariat Complex, Velagapudi, Amaravati,
Andhra Pradesh-522503. Email ID. [email protected]

5. The Secretary,, Legal and Legislative Affairs and Justice, Law Department The
Govt. of Andhra Pradesh Office at. AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503. Email 1D. secy [email protected]

6. The Secretary, A.P. Legislature Secretariat, Department of Legislative Affairs,
Office at. AP Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-
522503. Email ID. [email protected]

7. The Principal Secretary, Roads and Buildings Department, The Govt. of Andhra
Pradesh Office at. AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503 Email. [email protected].

8. The Principal Secretary, Finance and Planning Department,, The Govt. of Andhra
Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503. E-Mail. [email protected]

9. The Principal Secretary,, Municipal Administration and Urban Development, The
Govt. of Andhra Pradesh Office at. AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503 Email. [email protected].

10.Sri. Y. S. Jagan Mohan Reddy, S/o . Late Y. S. Raja Shekar Reddy, Hon' ble
Chief Minister of Andhra Pradesh, aged about 46 years, R/o. 1st Floor, Building-I,
Velagapudi Email- [email protected]

11.Sri Botcha Satyananarayana, Minister for Municipal Administration and Urban
Development, Office at Room No.13 5, Ground Floor, Building No.2, Velagapudi,
Email. [email protected] peshimaudap|@gmail.com

12. Sri Buggana Raj endranath Reddy,, Minister for Finance and Planning,
Legislative Affairs, Office at. Room No.212,,First Floor, Building No.2, Velagapudi
Email. [email protected]

Respondents

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(i) Declaring the Andhra Pradesh Capital Region Development Authority Repeal
Act, 2020 (Act No.27 of 2020) to be unconstitutional, infringing the fundamental rights
of the writ petitioners under Articles 14. 19, and 21 of the Constitution of India who gave
their lands under A.P Capital City Land Pooling Scheme (Formulation and
Implementation) Rules 2015.

(ii). Declaring the Andhra Pradesh Capital Region Development Authority Repeal
Act, 2020 (Act No.27 of 2020) to be passed in violation of Articles 196(2) & 197 of the
Constitution of India.

(iii). Declaring the Andhra Pradesh Capital Region Development Authority
Repeal Act, 2020 (Act No.27 of 2020), to be in violation of Section 6 (b) and (c) of the
General Clause Act, 1897 and Section 8 (c) and (d) of the Andhra Pradesh General
Clauses Act, 1891.

(iv). Declaring the Andhra Pradesh Capital Region Development Authority
Repeal Act, 2020 (Act No.27 of 2020), to be in violation of Article 299 of the
Constitution of India

(v). Declaring the Andhra Pradesh Capital Region Development Authority
Repeal Act, 2020 (Act No.27 of 2020) to be in dserogation of Doctrine of Promissory
Estoppel, Unreasonableness, irrtetrievabiity, Unfairness & Good Governance, which are
an extension of the Fundamental Rights conferred on the writ petitioners under Part-lll
of the Constitution of India.

(VI) Declaring the Andhra Pradesh Capital Region Development Authority
Repeal Act, 2020 (Act No.27 of 2020), to be in violation of "Andhra Pradesyh Business
Rules 2017" and the "All India Service (Conduct Rules) 1968.

iA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased stay,
all further proceedings pursuant and consequential to the "Andhra Pradesh Capital
Region Development Authority Repeal Act, 2020 (Act No. 27 of 2020)", or in the
alternative directing the Respondents to maintain status-quo in regards to carrying out
the governance from the existing infrastructure in the capital city of Amaravati, in the
interest of justice, pending disposal of the main writ petition, Pending disposal of WP
43205 of 2020, on the file of the High Court.

IA NO: 2 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased be to
direct the respondents, not to allot the land or any other residential or other immovable
properties to any third parties in contravention of the "notified master plan" of 9 theme
cities and consequently direct the respondents to complete the pending works and of all
those buildings and allot them for the specified purpose for which they are being built in
the interest of justice, pending disposal of WP 13205 of 2020, on the file of the High
Court.

1A NO: 3 OF 2020 T-

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents, not to alter or change, the notified masterplan of 9 theme cities
in the capital city of Arnaravati, in the interest of justice, pending disposal of the main
writ petition, Pending disposal of WP 13205 of 2020, on the file of the High Court.

1A NO: 4 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents, to commence the abandoned works in the capital city of
Amaravati, by completing all the pending projects, including but not limited to the
Andhra Pradesh High Court building and also to complete the, residential houses, to be
allocated to the High Court Judges, in the interest of justice, pending disposal of the
main writ petition, Pending disposal of WP 13205 of 2020, on the file of the High Court.

1A NO: 5 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the respondents, to continue CRDA and its offices, for the purposes of carrying
out the unfinished works in the capital city of Amaravati and also for paying the annual
annuity to the writ petitioners and landless poor persons, in the interest of justice,
pending disposal of the main writ petition, Pending disposal of WP 13205 of 2020, on
the file of the High Court.

1A NO: 6 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to stay
the operation of "G.O.Ms.No.155 Dt.01/08/2020 MA&UD Dept." issued by the
Government of Andhra Pradesh for constituting and notifying *Amaravati Metropolitan
Region Development Authority' (AMRDA) in exercise of Sections 4(1) and 4(3) of the
"Andhra Pradesh Capital Region Development Authority Repeal Act, 2020 (Act No. 27
of 2020)", in the interest of justice, pending disposal of WP 43205 of 2020, on the file of
the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and order of the High Court dated 04-08-2020 made herein and
upon hearing the arguments of Sri Abhishek Singhvi and Sri Unnam Muralidhar Rao,
Senior Counsel for Sri Unnam Sravan Kumar, Advocate for the Petitioners, Sri N.
Harinath, Asst. Solicitor General for the Respondent Nos.1 & 2 and of Advocate
General for Respondent Nos.3 to 12.

WRIT PETITION No.13206 OF 2020
Between:
4. Thati Srinivasa Rao, S/o. Ramulu, Aged about 48 Years, Occupation. Agriculture,

Rio. H.No.1-112, Inavolu Village, Thulluru Mandal, Guntur District, Andhra
Pradesh - 522 237.

2 Done Sambashiva Rao,, S/o. Venkateshwarlu, Aged about 55 Years,
Occupation. Agriculture, R/o. H.No.8-213, 2nd Ward, near Ramalayam Center,
Yerraparem Village, Mangalgiri, T B Sanitorium, Guntur District, Andhra Pradesh

Petitioner
AND

4. The Govt. of Andhra Pradesh,, Rep. by its Chief Secretary, Office at. AP
Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-522503. Email ID.
[email protected]

2. The Principal Secretary,, Municipal Administration and Urban Development, The
Govt. of Andhra Pradesh Office at. AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503 Email. [email protected].

3. Sri. G N Rao,, IAS (Retd.) Member Convenor - Expert Committee constituted
under G.O.Rt.No.585 Dt.13/09/2019, MA and UD, Govt. of A.P. Vinayaka Temple
Road, Patamata, Vijayawada, Krishna District

4. Boston Consulting Group,, Rep.by Saibal Chakraborty, Managing Director and
Partner, R/o. 19th Floor, Tower C, DLF Cyber City, Gurugram, 42201

5. Sri. Y. S. Jagan Mohan Reddy, S/o. Late Y. S. Raja Shekar Reddy, Hon'ble Chief
Minister of Andhra Pradesh, aged about 46 years, R/o. 1st Floor, Building-l,
Velagapudi, Amaravti. Email- [email protected]

6. Sri Botcha Satyananarayana,, Minister for Municipal Administration and Urban
Development, Office at Room No.135, Ground Floor, Building No.2, Velagapudi,
Amaravati. Email. [email protected] peshimaudapl|@gmail.com

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, Order or Direction more particularly one in the nature of Writ of Mandamus,
by declaring (1) the 'Expert Committee Report' Dt.20/12/2019. (2) 'Boston Consulting
Group Report' Dt.03/01/2020 and (3) the 'High Power Committee Report' Dt.17/01/2020.
to be violative of Principle of 'Audi Alteram Partem' and Principles of Natural Justice and
also violative of Article 14 of the Constitution of India, on the ground of mala-fides,
arbitrariness, perversity and irrationality.

IA NO: 1 OF 2020

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased To
Suspend the operation of (1) the 'Expert Committee Report' Dt.20-12-2019, (2)' Boston
Consulting Group Report Dt.03-01-2020 and, (3) The 'High Power Committee Report'
Dt.17-01-2020, in the interest of justice, pending disposal of WP 43206 of 2020, on the
file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and order of the High Court dated 04-08-2020 made herein and
upon hearing the arguments of Sri Abhishek Singhvi and Sri Unnam Muralidhar Rao,
Senior Counsel for Sri Unnam Sravan Kumar, Advocate for the Petitioners and of
Advocate General for the Respondents.

The Court made the following COMMON ORDER:

(Taken up through video conferencing)

Sri Sai Sanjay Suraneni, learned counsel for the petitioners in W.P.No.13203 of
2020.

Sri Abhishek Singhvi and Sri Unnam Muralidhar Rao, learned senior counsel,
representing Sri Unnam Sravan Kumar, learned counsel for the petitioners in
W.P.Nos.13204, 13205 and 13206 of 2020.

Sri Rakesh Dwivedi, learned counsel for the 1% respondent- State.

Sri S. Niranjan Reddy, learned senior counsel appearing for respondent No.2.

Common counter-affidavit has been filed on behalf of. the State in
W.P.Nos.13203, 13204 and 13205 of 2020.

Learned counsel appearing on behalf of the respondents have stated that the
same response may be taken up in other connected cases also.

As number of petitions have been filed, however, for the purpose of hearing, it is
deemed appropriate that one paper book may be prepared on the petitioners' side,
along with all annexures and documents, if necessary, in parts. Similar would be the

preparation on respondents' side. The paper books so prepared along with the relevant

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documents be supplied to the Registrar (Judicial) on his official email ID

'[email protected]'. The case law, which the counsel for both the parties want to rely
upon, may also be sent to the Registrar (Judicial), for reference during the course of
arguments. One nominated counsel from each side shall coordinate with the Registrar

(Judicial) in the above process.

After receiving the material, the Registrar (Judicial) shall make available the
paper books with spiral binding in three sets for reference of the Bench members and
also supply the copies thereof to the other side.

List this case for further orders on 27.08.2020.

Till then, interim order passed earlier shall remain in operation.

A 1
SD/- R.KARTHIKEYAN

; A ASSISTANT REGISTR
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For ASSISTANT REGISTRAR
To

The Chief Secretary, Building-|, State of Andhra Pradesh, 4° floor, Secretariat,

Velagapudi, Amaravati, A.P.

Andhra Pradesh Capital Region Development Authority, Karl Marx Road, Lenin

Centre, Arandalpet, Governorpeta, Vijayawada.

The Ministry of Housing and Urban Affairs, Union of India, North Block, New

Delhi India- 110001.

The Secretary,, Niti Aayog. Government of India Office at Sansad Marg, Sansad

Marg Area, New Delhi, Delhi 110 001.

The Chief Secretary Government of Andhra Pradesh, Office at AP Secretariat

Complex, Velagapudi, Amaravati, Andhra Pradesh-522503. Email ID

[email protected]

6. The Special Chief Secretary,, General Administration Department, The Govt. of
Andhra Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati,
Andhra Pradesh-522503. Email ID [email protected]

7. The Secretary,, Legal and Legislative Affairs and Justice, Law Department The
Govt. of Andhra Pradesh Office at AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503. Email ID secy [email protected]

8. The Secretary,, A.P. Legislature Secretariat, Department of Legislative Affairs,
Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra Pradesh-
522503. Email ID [email protected]

9. The Principal Secretary,, Roads and Buildings Department, The Govt. of Andhra
Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503 Email [email protected].

40. The Principal Secretary,, Finance and Planning Department, The Govt. of Andhra
Pradesh Office at AP Secretariat Complex, Velagapudi, Amaravati, Andhra
Pradesh-522503. E-Mail [email protected]

41. The Principal Secretary,, Municipal Administration and Urban Development, The
Govt. of Andhra Pradesh Office at AP Secretariat Complex, Velagapudi,
Amaravati, Andhra Pradesh-522503 Email [email protected].

42.Sri. Y. S. Jagan Mohan Reddy, Sib. Late Y. S. Raja Shekar Reddy, Hon' ble

Chief Minister of Andhra Pradesh, aged about 46 years, R/o. 1st Floor, Building-l,

a & Y

Velagapudi Email- [email protected]
43.Sri Botcha Satyananarayana,, Minister for Municipal Administration and Urban
Development, Office at Room No.135, Ground Floor, Building No.2, Velagapudi,
Email [email protected] peshimaudap|@gmail.com
44. Sri Buggana Rajendranath Reddy,, Minister for Finance and Planning, Legislative
Affairs Office at Room No.212, First Floor, Building No.2, Velagapudi Email
[email protected]

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45.Sri. G N Rao,, IAS (Retd.) Member Convenor - Expert Committee constituted
under G.O.Rt.No.585 Dt.13/09/2019, MAandUD, Govt. of A.P. Vinayaka Temple
Road, Patamata, Vijayawada, Krishna District

46. Saibal Chakraborty, Managing Director and Partner, Boston Consulting Group,,
R/o. 19th Floor, Tower C, DLF Cyber City, Gurugram, 12201

17.One CC to Sri Sai Sanjay Suraneni, Advocate [OPUC]

48.One CC to Sri Unnam Sravan Kumar Advocate [OPUC]

19 SUC] to Sri Harinath, Asst. Solicitor General, High Court of A.P. at Amaravati

]

20.One CC to Sri Rakesh Dwivedi, Standing Counsel (OPUC)

21.One CC to Sri S. Niranjan Reddy, Senior Counsel (OPUC)

22 OU to Advocate General, High Court of Andhra Pradesh at Amaravati

)
23. The Registrar ( Judicial), High Court of A.P. at Amaravati (Sp. Messenger)
24. One spare copy

TVR

HIGH COURT

HCJ & AVSSJ & MSMJ

DATED:14/08/2020

POST ON 27.08.2020

ORDER

WRIT PETITION Nos.13203, 13204, 13205 & 13206 OF 2020 STATUS QUO EXTENDED 1

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Andhra Pradesh High Court - Amravati

Dhone Sambasiva Rao vs Union Of India on 14 August, 2020

Bench: J K Maheshwari, M.Satyanarayana Murthy