APHC010119232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6232/2025 Between: 1. BATCHU SURESH BABU, S/O BATCHU RANGAIAH, R/O D.NO. 17- 687, ACHARI STREET, NEAR COLLECTOR OFFICE, BARKAS, NELLORE, SPSR NELLORE DISTRICT, A.P -524001 2. RAPURU CHENCHURAMANAIAH,, S/O RAPURU BUJJAIAH, R/O D.NO.26-2-35, RITHVIK ENCLAVE, SARDHAR VADLABHAI PATEL NAGAR, VEDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT, A.P-524004 3. VISWARAJU SATHYAM, S/O LATE VISWARAJU GURAVA RAJU, R/O D.NO.26-3-43, RITHWIK ENCLAVE LANE. BEHIND SBI ATM, SARDHAR VALLABHAI PATEL NAGAR, VEDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT, A.P-524004 ...PETITIONER(S) AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, OFFICE AT MGM CAPITAL BUILDING, GROUND FLOOR BEHIND DR.NTR VAIDYA SEVA TRUST, NH-16 SERVICE ROAD, MANGALAGIRI, GUNTUR DISTRICT 3. THE NELLORE MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 2 4. THE ASSISTANT CITY PLANNER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 5. THE TOWN PLANNING OFFICER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 6. THE TOWN PLANNING SUPERVISOR, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 7. YALASIRI DEVADHANAM, S/O SUBBAIAH, AGED ABOUT 51 YEARS, OCC NOT KNOWN, R/O 2ND STREET, SANTHI NAGAR, BUCHIREDDYPALEM VILLAGE AND MANDAL, SPSR NELLORE DISTRICT ...RESPONDENT(S): 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 pleased to issue a Writ, or direction or order, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.3 herein in not taking action against the petitioners complaints Dt.06.11.2023 and 18.02.2025 with respect to the illegal encroachment made by the Respondent No.7 on 40 ft approved Layout Road situated at Rithwik Enclave, Beside SBI ATM, Sardhar Vallabhai Patel Nagar, A.K Nagar colony, Nellore, SPSR Nellore District is questioned as the same is illegal, arbitrary, highhanded and violation of A.P., Municipal Corporations Act 1955 and A.P Building Rules, 2017 and consequently direct the respondents, more particularly Respondent No. 3 to consider the petitioners complaints dated 06.11.2023 and 18.02.2025 for taking action with respect to the illegal encroachment made by the Respondent No.7 on 40 ft approved Layout Road situated at Rithwik Enclave, Beside SBI ATM, Sardhar Vallabhai Patel Nagar, A.K Nagar colony, Nellore, SPSR Nellore District and pass IA NO: 1 OF 2025 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 Respondent No.3 to consider the petitioners complaints dated 06.11.2023 and 18.02.2025 for taking action with respect to the illegal encroachment made by the Respondent No.7 on 40 ft approved Layout Road situated at Rithwik Enclave, Beside SBl ATM, Sardhar Vallabhai Patel Nagar, A.K Nagar colony, Nellore, SPSR Nellore District, pending disposal of the Writ Petition and pass 3 Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ::ORDER:: Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners; Sri Vijay, learned counsel representing Sri A.S.C.Bose, learned Standing counsel appearing for respondents 3 to 6 and learned Assistant Government Pleader for Municipal Administration for Municipal Administration and Urban Development appearing for respondents 1 and 2. 2. The notice in respect of the 7th respondent is dispensed with since no adverse order is passed affecting the interest of the 7th respondent. 3. The above writ petition is filed to declare the action of the 3rd respondent in not initiating any action, in pursuance of complaints made by the petitioner dated 06.11.2023 and 18.02.2025, regarding alleged encroachment made by the 7th respondent on 40 feet approved Layout Road situated at Rithwik Enclave, Beside SBI ATM, Sardhar Vallabhai Patel Nagar, A.K Nagar colony, Nellore, SPSR Nellore District, as illegal and arbitrary. 4. The petitioners’ residents of Rithwik Enclave, filed the above writ petition alleging that the 7th respondent has encroached upon a public road. Complaints dated 06.11.2023 and 18.02.2025 (Ex.P1) are filed. 5. At the hearing, learned counsel for the petitioners confined his arguments and urged to direct the 3rd respondent to take necessary action on the complaints made by the petitioners. 6. Learned counsel appearing for the 3rd respondent on instructions would submit that the 3rd respondent initiated necessary action as per the Rules. 4 7. Given the facts and circumstances of the case, without touching the merits of the matter, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the learned 3rd respondent to initiate necessary action strictly as per the Rules. The learned 3rd respondent shall also issue notice to the 7th respondent before initiating any inquiry or action as per the provisions of the Municipal Corporation Act, 1955, as expeditiously as possible. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 12.03.2025 SNI 5 134 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6232 of 2025 Date: 12.03.2025 SNI