APHC010123832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6380/2025 Between: 1. BUGATHA VARALAKSHMI, W/O. B. NAGARAJU, AGED 50 YEARS, R/O. D.NO.12-139, VENKATAPURAM, SUNKARAVARI THOTA, 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 2. BUGATHA NAGARAJU, S/O. LATE JARUGULU, AGED 57 YEARS, R/O. D.NO.12-139, VENKATAPURAM, SUNKARAVARI THOTA, 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 3. CHINNI LAKSHMI,, W/O. GANGARAJU, AGED 52 YEARS, R/O. D.NO.8-14, VENKATAPURAM, SUNKARAVARI THOTA 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 4. CHINNI PADHMAVATHI,, W/O. VEERA VENKATA SATHYANARAYANA, AGED 48 YEARS, R/O. D.NO.13-105, VENKATAPURAM, SUNKARAVARI THOTA, 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 5. BUGATHA NAVYA SRI,, W/O. SATHYA BHASKAR DURGA JALANDHAR AGED 30 YEARS, R/O. D.NO.8-128, VENKATAPURAM, SUNKARAVARI THOTA, 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 6. VEERANKI SIVAKUMAR,, S/O. KONDAIAH, AGED 32 YEARS, R/O. D.NO.8-126, VENKATAPURAM, SUNKARAVARI THOTA, 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU AT ELURU DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ELURU AT ELURU DISTRICT. 4. THE SUPERINTENDENT ENGINEER, KRISHNA CANAL, ELURU DISTRICT. 5. THE TAHSILDAR, ELURU AT ELURU DISTRICT. 6. THE ELURU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 7. KUPPILI VARALAKSHMI, W/O. SEETHARAMULU, MAJOR, R/O. D.NO. 7E-3-74, NEAR BHRAMHAMGARI TEMPLE, GAYATHRI NAGAR, MAANDHEPALLI ROAD, 13TH DIVISION ERSTWHILE 6TH DIVISION ELURU MANDAL, ELURU DISTRICT. 8. KUPPILI SURYANARAYANA, S/O. SEETHARAMULU, MAJOR, R/O. D.NO.7E-3-74, NEAR BHRAMHAMGARI TEMPLE, GAYATHRI NAGAR, MAANDHEPALLI ROAD, 13TH DIVISION ERSTWHILE 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 9. KUPPILI LAKSHMI NARAYANA, S/O. SETHARAMULU, MAJOR, R/O. D.NO.7E-3-74, NEAR BHRAMHAMGARI TEMPLE, GAYATHRI NAGAR, MAANDHEPALLI ROAD, 13TH DIVISION ERSTWHILE 6TH DIVISION, ELURU MANDAL, ELURU DISTRICT. 10. KUPPILI RAMBABU, S/O. SEETHARAMULU, MAJOR, R/O. D.NO.7E-3-74, NEAR BHRAMHAMGARI TEMPLE, GAYATHRI NAGAR, MAANDHEPALLI ROAD, 13TH DIVISION ERSTWHILE DIVISION, ELURU MANDAL, ELURU 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 may be pleased to issue a Writ of mandamus or any other appropriate writ order or direction declaring the action of the Respondent Nos.1 to 6 in not considering the petitioners representation dt.31.01.2025 for stopping unauthorized construction in Sy.No.1000 Madepalli Road, 3 Bhramhamgari Temple, Gayathri Nagar, Eluru Town raising by the unofficial respondents No.7 to 10 is illegal, arbitrary and Consequently to direct the respondent Nos.1 to 6 not to allow any unauthorized structures in Sy.No.1000 Madepalli Road, Bhramhamgari Temple, Gayathri Nagar, Eluru and to 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 may be pleased to direct the respondent Nos.1 to 6 not to allow any unauthorized structures in Sy.No.1000 Madepalli Road, Bhramhamgari Temple, Gayathri Nagar, Eluru, pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: ::ORDER:: Heard Sri Mahindra, learned counsel representing Sri N.Aswartha Narayana, learned counsel for the petitioner; learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for 1st respondent; Mrs Sravana Sandhya, learned Assistant Government Pleader for Revenue appearing for respondents 2, 3 and 5; learned Assistant Government for Irrigation appearing for 4th respondent and Sri Vijay, learned counsel for 6th respondent. The notices in respect of respondents 7 to 10 are dispensed with since no adverse order is passed affecting the interest of respondents 7 to 10. 2. The above writ petition is filed to declare the action of respondents 1 to 6, in not considering the petitioners’ representation dated 31.01.2025 (Ex.P1), regarding the unauthorized constructions made by respondents 7 to 10 in 4 Sy.No.1000, Madepalli Road, Bhramhamgari Temple, Gayathri Nagar, Eluru Town, as illegal and arbitrary. 3. The petitioners, residents of 6th Division, Sunkaravari Thota, Eluru District, filed the above writ petition. The petitioners made representation dated 31.01.2025 (Ex.P1), to the respondents, complaining about the illegal constructions said to have been made by the respondents 7 to 10. Since the representation did not evoke any response, the above writ petition is filed. 4. Learned Assistant Government Pleaders as well as learned counsel appearing for the 6th respondent, on instructions, would submit that the authorities will consider the representation dated 31.01.2025 and pass appropriate orders strictly as per the Rules. 5. 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 respondents 2 to 6 to consider the representation dated 31.01.2025 (Ex.P1) made by the petitioner and pass appropriate orders strictly as per the Rules. Before initiating any action, respondents 2 to 6 shall issue notice to respondents 7 to 10 and pass orders. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 13.03.2025 SNI 5 421 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 6380 of 2025 Date: 13.03.2025 SNI