1 SUN,J W.P.No.33683 of 2022 APHC010549712022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3604] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE SUNITHA GANDHAM WRIT PETITION NO: 33683/2022 Between: 1. SHAIK ABDUL RAHIM, S/O KASEEM SAHEB, AGED ABOUT 72 YEARS, R/O H.NO.6-286, GAJULAPALEM, TADIPATHRI, ANANTAPURAMU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARVATI CAPITAL CITY, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANANTAPURAMU DISTIRCT, ANANTAPURAMU. 3. THE DEPUTY SUPERINTENDENT OF POLICE, TADIPATHRI, ANANTAPURAMU DISTRICT. 4. THE STATION HOUSE OFFICER, TADIPATHRI TOWN POLICE STATION, TADIPATHRI, ANANTAPURAMU DISTRICT. 5. TADIPATHRI MUNICIPALITY, REP., BY ITS COMMISSIONER, TADIPATHRI, ANANTAPURAMU DISTRICT. 6. THE TAHSILDAR, TADIPATHRI MANDAL, ANANTAPURAMU DISTRICT ...RESPONDENT(S): 2 SUN,J W.P.No.33683 of 2022 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 to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 in trying to encroach the open land belongs to the 4th Respondent to an extent of Ac.O-07 cts in Sy.No.551 of Tadipathri Town, Anantapuramu District, to construct Traffic Police Station building forcibly at the instance of local political leaders and without there being any permission from the competent authority, as arbitrary, illegal, without jurisdiction, for extraneous considerations and in violation of Article 14 of the Constitution of India and also contrary to the resolutions passed by the 5th Respondent, and consequently direct the Respondents 2 to 4 not make any construction in the open land in an extent of Ac.O-07 Cts in Sy.No.551 of Tadipathri Town, Anantapuramu District and to pass IA NO: 1 OF 2022 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 direct the Respondents 2 to 4 not make any construction in the open land in an extent of Ac.O-07 Cts in Sy.No.551 of Tadipathri Town, Anantapuramu District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. GP FOR HOME 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3. GP FOR REVENUE The Court made the following: 3 SUN,J W.P.No.33683 of 2022 THE HON’BLE SMT. JUSTICE SUNITHA GANDHAM WRIT PETITION No: 33683 OF 2022 ORDER: This writ petition is filed by the petitioner/Vice chairman of Tadipatri Municipality stating that the subject land in an extent of 7 cents in Sy.No.551 of Tadipatri belongs to Tadipatri Municipality, the Tadipatri municipal council passed resolution No.118 dated 27.08.2021 to utilize the subject land for commercial purposes, and is located on the southern side of Tadipatri Town Police Station, respondent Nos.2 to 4 have been taking steps to construct traffic police station in the open land belongs to the respondent No.5/Tadipatri Municipality in the subject land at the instance of local political leaders, respondent No.6 issued proceedings in RTI No.133 of 2022 dated 06.10.2022 informing that there is no record with regard to the allotment of the subject land to the police station, they have taken all steps to protect the subject land and finally requested to direct the respondent Nos.2 to 4 not to make any construction in the open land in an extent of 7 cents in Sy.No.551 of Tadipatri Town, Ananthapur District. 2. It is apposite to mention here that during the course of arguments, vide docket proceedings dated 27.10.2022, this Court observed that the dispute arising in the present case is whether the Police Department is undertaking construction of a police station beyond 27 cents which had been allotted to them in the year 1938 in Sy.Nos.217 and 218 of Tadipatri town and as both the petitioner and respondents have taken the stand that the land is in their respective possession, directed the District Surveyor, Kurnool to conduct survey to measure the land which is in the possession of the Police Department including the site where the proposed construction is coming up and the area in which the police station is already existing and to file report. Accordingly, the 4 SUN,J W.P.No.33683 of 2022 District Survey and Land Records Officer conducted survey on 30.11.2022 at 11:00 a.m. in the presence of representatives of petitioner and respondents and take measurements of the existing police station and the subject land, and he found the following measurements: i) Area of the existing police station is 12,897 square feet or 29.60 cents. ii) Area of the proposed construction is 3,250 square feet or 7.47 cents. iii) There is 32 feet wide portion in street lane is widened. 3. After completion of survey, the District Survey & Land Records Officer had submitted report to that effect along with sketch showing the street Sy.Nos.217 and 218 of Tadipatri Municipality. After filing report by the District Survey and Land Records Officer, respondent No.5/municipality filed additional counter sailing with the petitioner and thereafter, during the course of arguments, learned counsel for the respondent Nos.2 to 4 also fairly submitted that they have not been making any constructions in the subject land. Learned counsel for the petitioner, Municipality/respondent No.5 and learned Assistant Government Pleader fairly submitted that by recording the report of the District Survey & Land Records Officer coupled with sketch, this writ petition may be disposed of. 4. Learned counsel for the petitioner further would submit that in view of the submission of learned Assistant Government Pleader that they are not making any constructions in the subject land and they are constrained to function their police station in their land in an extent of 12,897 square feet in Sy.Nos.217 and 218 of Tadipatri Municipality also, this writ petition may be disposed of. 5 SUN,J W.P.No.33683 of 2022 5. Therefore, without touching merits of the case, in view of the submissions of both the parties coupled with the report of District Survey & Land Records Officer and other material, this Court is of the considered view that this writ petition may be disposed of. The said report shall form part of the record. 6. In the result, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed. ________________________ SUNITHA GANDHAM, J 09.09.2026 Vns