,1 I APHC010125052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0 -J WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7033 OF 2022 i . . V 5 . o 'f\ Between: Chintagunta Kamala, W/o C.S.Babii, Hindu, aged 54 years, Occ. House-wife R/o D.N0.2-1-76/56-C, Chinnagunta - Katta, Tirupathi Urban, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Municipal Administration and Buildings, Velagapudi, Amaravathi. 2. The Tirupafi Municipal Corporation, Rep. by its Commissioner, Tirupati, Chittoor District. 3. The Assistant City Planner, Tirupati Municipal Corporation at Tirupati, Chittoor District. 4. The Station House Officer, P.S.Tirupati, West, Tirupati, Chittoor District. 5. The Superintendent of Police, Tirupati Urban, Tirupati, Chittoor District. 6. Smt. C Bujji, W/o Kumar, Chirmagunta-Katta, Tirupati Urban, Chittoor District. Secretary, Urban Development, Secretariat age major, R/o D.No.2-1-76/56(A) ...Respondents praying that in the may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the official respondents against the illegal and unauthorized construction made by the 6th respondent by encroaching the public passage, at Chinnagunta Katta, Tirupati Urban, Chittoor District, as illegal, arbitrary, violative of Article 21 of the Constitution and principles of natural justice and also against the rules and regulations laid down under the GHMC Act and consequently direct the official respondents to remove the illegal construction made by the 6th respondent by encroaching the public passage which includes the passage of the petitioner at Chinnagunta Katta, Tirupathi Urban, Chittoor District lA 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 may be pleased to direct the official respondents forthwith to stop the illegal and unauthorized construction being made by the 6th respondent by encroaching the public passage at Chinnagunta - Chittoor District, pending disposal of the writ petition lA NO: 2 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 4th respondent to take action upon the complaint made by the Petitioner to 5th respondent vide complaints 09-02-2022, 21-02-2022, 23-02- 2022, 28-02-2022, pending disposal of the writ petition lA NO: 3 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 vacate the orders dated 22-03-2022 and 07-04-2022 passed in WP.No.7033 of 2022 and dismiss the same with exemplary costs Counsel for the Petitioner; M/s. MSVS SUDHA RANI Katta, Tirupathi Urban, Counsel for the Respondents No.1, 3: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents No.4, 5: GP FOR HOME Counsel for the Respondent No.6: BABUJI TENNETI Counsel for the Respondent No.2: J DILEEP KUMAR The Court made the following order: APHC010125052022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] B WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7033/2022 Between: 1.CHINTAGUNTA KAMALA, W/0 C.S.BABU, HINDU, AGED 54 YEARS OCC. HOUSE-WIFE, R/0 D.N0.2-1-76/56-C, CHINNAGUNTA ■ KATTA, TIRUPATHI URBAN, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL URBAN SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.THE TIRUPATI MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, TIRUPATI, CHITTOOR DISTRICT. 3.THE ASSISTANT CITY PLANNER, TIRUPATI MUNICIPAL CORPORATION AT TIRUPATI, CHITTOOR DISTRICT. 4.THE STATION HOUSE OFFICER, P.S.TIRUPATI, WEST, TIRUPATI, CHITTOOR DISTRICT. 5.THE SUPERINTENDENT OF POLICE, TIRUPATI URBAN, TIRUPATI, CHITTOOR DISTRICT. 6.SMT C BUJJI, W/0 KUMAR, AGE MAJOR, R/0 D.NO.2-1- 76/56(A), CHIRMAGUNTA-KATTA, TIRUPATI URBAN, CHITTOOR 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the official respondents against the illegal and unauthorized construction made Chinnagunta Katta, Tirupathi Urban, Chittoor District, as illegal, arbitrary, violative of Article 21 of the Constitution and principles of natural justice and also against the rules and regulations laid down under the GHMC Act and consequently direct the official respondents to remove the illegal construction made by the 6th respondent by encroaching the public passage which includes the passage of the petitioner at Chinnagunta Katta, Tirupathi Urban, Chittoor District and pass such lA 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 by the 6th respondent by encroaching the public passage, at 2 may be pleased to direct the official respondents forthwith to stop the illegal and unauthorized construction being made by the 6th respondent by encroaching the public passage at Chinnagunta Chittoor District, pending disposal of the writ petition and pass such lA NO: 2 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 may be pleased to direct the 4th respondent to take action upon thecomplaint made by the Petitioner to 5th respondent vide complaints 09-02-2022, 21-02- 2022, 23-02-2022, 28-02-2022, pending disposal of the writ petition and pass such iA NO: 3 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 pleased to vacate the orders dated 22-’03-2022 and 07-04-2022 passed in WP.No.7033 of 2022 and dismiss the same with exemplary costs and pass such other order IA NO: 1 OF 2023 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 pleased to grant leave to the petitioner/respondent No.2 in the WP.No.7033 of 2022 to file the counter affidavit in the above writ petition and pass Counsel for the Petitioner: 1.MSVSSUDHA RANI Counsel for the Respondent(S): 1.GP FOR HOME 2.BABUJITENNETI 3.J DILEEP KUMAR 4.GP FOR MUNCIPAL ADMN URBAN DEV Katta, Tirupathi Urban 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on part of the respondents in containing the respondent No.6 from encroaching upon the public passage at Chinnagunta- Katta, Tirupathi. This Court, while admitting the Writ Petition, directed the th respondent Nos.2 and 3 to restrict the construction activity made by the 6 respondent on the subject property. It is submitted that the petitioner also made a representation on 09.02.2022 to the 2'^^ respondent, seeking indulgence for restraining the 6**^ respondent from encroaching upon the passage. It is submitted that though an order was passed by this Court, the 6 th respondent has proceeded further with the construction. It is further submitted that on account of the illegal occupation and construction over the passage. the ingress and egress to the petitioner has been curtailed, leaving no space even for a two wheeler to pass. Learned Standing Counsel for the 2^^ respondent submits that after receipt of a complaint from the petitioner and after receipt of order 2. passed by this Court, the Town Surveyor has conducted the survey of the petitioner’s house and the 6*^ respondent’s house. It is stated in the counter of the 2"'^ respondent at paragraph No.3 that the 6'^ respondent has encroached 3 feet 6 inches in width and 20 feet in length in the passage/Municipal Road, and that the petitioner has encroached 4 feet in width and 12 feet 6 inches in length over the passage. It is also submitted that both the constructions of the petitioner as well as the respondent are without any plan approval. 4 Learned Assistant Government Pleader for Home, appearing for the 4'" respondent, submits that the petitioner filed a complaint through 3. registered post, and the police after preliminary enquiry came to a conclusion that the dispute relates to illegal construction and it would be the municipal authority to deal with the said issue. Learned counsel appearing for the 6**^ respondent submits that 4. the Town Surveyor’s plan filed along with the counter would indicate that the petitioner had occupied an extent of 4 feet in width and 12 feet 6 inches in length, and that both the petitioner and the 6**^ respondent have access to their properties. It is also not in dispute that the petitioner had filed I.A.No.220 of 2022 in O.S.No.224 of 2022 on the file of I Additional Junior Civil Judge, Tirupati, which was dismissed on 17.06.2022. Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Home, for the 4“' respondent; the learned Standing Counsel for the 2"'^ respondent and the learned counsel appearing for the 6 respondent. 5. th Considering the nature of dispute and also considering the submissions made, this Court is not inclined to entertain the Writ Petition any further. However, it is left open for the respondents to take appropriate action, if so warranted, without interfering in the civil disputes pending between the petitioner and the 6*^ respondent. Accordingly, the Writ Petition is disposed of. No costs. 6. 7. 5 8. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO GiSTRAR SECTION OFFICER DEPUTY. //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi, Amaravathi. 2. The Commissioner, Tirupati Municipal Corporation, Tirupati, Chittoor District. 3. The Assistant City Planner, Tirupati Municipal Corporation at Tirupati, Chittoor District. 4. The Station House Officer, P.S.Tirupati, West, Tirupati, Chittoor District. 5. The Superintendent of Police, Tirupati Urban, Tirupati, Chittoor District. 6. One CC to M/S. MSVS SUDHA RANI Advocate [OPUC] 7. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 8. One CC to SRI BABUJI TENNETI Advocate [OPUC] 9. One CC to SRI J DILEEP KUMAR, Standing Counsel, Advocate [OPUC] 10. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 11. Two CD Copies GSG HIGH COURT DATED; 23/07/2025 ORDER WP NO. 7033 OF 2022 g( 0 MUG 2025 K 3- 5^.- iNfimmlSMtolxCy DISPOSING THE WP WITHOUT COSTS