APHC010180682014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11563/2014 Between: 1. V. SHESHAIAH, ANANTAPUR DIST., D.NO.27-8-569/ 1, ARVIND NAGAR, MUDDIREDDYPALLI, HINDUPUR, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE GOVT OF A P M A HYD 2 OTRS, , REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION, HYDERABAD 2. THE HINDUPUR MUNICIPALITY, REP. BY ITS COMMISSIONER HINDUPUR, ANANTAPUR DISTRICT 3. C JALA JAKSHI W/O SUDARSHAN REDDY, SADASHIVANAGAR,HINDUPUR, ANANTAPUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. S SUBBA REDDY 2. GUDAPATI LAKSHMI NARAYANA 3. MD SALEEM (SC MC RSEEMA SPSR NLR) 2 4. GP FOR MUNCIPAL ADMN AND URBAN DEV 5. N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following: ORAL ORDER: Heard Sri I. Venkata Prasad, learned Counsel for the Writ Petitioner and Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities. 2. The present Writ Petition is filed seeking the following relief: “For the reasons sated in the accompanying affidavit the petitioner herein prayed that this Hon‟ble Court may be pleased to issue any writ, order or direction more in the nature of writ of Mandamus declaring the inaction on the part of the 2nd respondents not to take any action against the 3rd respondent encroached 5 feet and laying compound wall on the public road is highly illegal and ultravirous to the constitution of India and is vitiated and quite consequently direct the 2nd respondent to stop the construction by removing compound wall and pass such other order or orders in the circumstances of the case as this Hon‟ble court Deem fit and proper in the circumstances of the case.” 3. Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities, has submitted the Written Instructions furnished by the Commissioner of Hindupur Municipality, dated 06.04.2026. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 4. The Hindupur Municipality, represented by its Commissioner, has filed Counter-Affidavit on 29.08.2023. Para 6 of the said Counter-Affidavit is usefully extracted hereunder: “6. The 2nd Respondent submits that in allegation made by the petitioner in 5 & 6 is not correct. It is submitted that the 3 respondent has obtain the permission for proposed construction of residential building in place of old house bearing D.No.26-4-628 (old), New 26-4-2797 (New) from the 3" respondent vide in B.A.No. 106/2013/G2, dt. 02.01.2014. After receiving the representation of the petitioner, the 2 3 respondent made an enquiry before the petitioner and found that the 3" respondent has not constructed compound wall on the 20 „ - 0 “ wide road marzine. The petitioner has not furnished any authorized documents pertaining to the 20-0" wide road or to his plot. The petitioners itself purchased the house site plot i.e. Plot No. 295 is situated in un approved Layout. The said 20-0" road shall be handed over to the Hindupur Municipality before selling of plots by the land owner. Hence, the petitioner has approached the Hon'ble High Court with molafied intension to create the civil dispute, between the public It is further prayed that the Hon'ble High Court may be pleased to dismiss the writ petition as the prima facia of the case is in favor of the 2 respondent.” 5. The Counter-Affidavit as well as the Written Instructions would categorically state that the allegations made by the Petitioner are factually incorrect. The above extract of the Counter-Affidavit would also indicate that the Petitioner has not furnished any documents to prove that the 3rd Respondent has encroached 5 feet, and that the Petitioner has approached this Court with a mala fide intention. 6. Having noted the same, the Writ Petition is devoid of any merit. 7. Accordingly, the Writ Petition is dismissed. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 06.04.2026 DSV 4 158 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 11563/2014 06.04.2026 DSV 5 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 11563/2014 PROCEEDING SHEET Sl. No DATE ORDER Office Note 06.04.2026 GRKP, J I.A.No.1 of 2023 Having regard the contents of the Affidavit filed in support of this Application, this Court deems it appropriate to allow this Application. 2. Accordingly, I.A.No.1 of 2023 is allowed. Counter-Affidavit is taken on record. ____________ GRKP, J WRIT PETITION NO: 11563/2014 Writ Petition is dismissed. (vide separate order) ___________ GRKP, J DSV 6