1 APHC010136722017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8429/2017 Between: 1. V.VENKATASESHA REDDY, S/O SUNDARA RAMI REDDY, AGED ABOUT 48 YEARS, R/O 26-12-1262, KONDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT. 2. D.JAYAKUMAR REDDY, S/O VENKATASESHA REDDY, AGED ABOUT 40 YRS, R/O 26-3-1803, KONDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE NELLORE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 3. THE DISTRICT COLLECTOR NELLORE SPSR NELLORE DISTRICT, - 4. THETAHSILDAR NELLORE MANDAL NELLORE SPSR NELLORE DISTRICT, - 5. CHALLA MALLIKHARJUNA REDDY, S/O. PENCHALA REDDY, R/O 2 KONDAYAPALEM, NELLORE-4, SPSR NELLORE DISTRICT. 6. CHAVI REDDY VENKU REDDY, S/O. VEERA REDDY, R/O. KONDAYAPALEM, NELLORE-4, 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 toto issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents 2 to 4 in not preventing the unauthorized construction in the open area measuring 74 ankanams in S.No. 374 of Kondayapalem, Nellore Municipal Corporation by the respondents 5 and 6 and their men and not taking action against the encroachers as illegal and arbitrary and Consequently direct the respondents 2 to 4 to prevent unauthorized construction in the open area measuring 74 ankanams in S.No. 374 of Kondayapalem, Nellore Municipal Corporation and keep the open area for communal purposes of residents of Kondayapalem, Nellore Municipal Corporation, and pass IA NO: 1 OF 2017(WPMP 10430 OF 2017 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 to prevent the unauthorized construction in the open area measuring 74 ankanams in S.No. 374 of Kondayapalem, Nellore Municipal Corporation by the respondents 5 and 6 and their men, pending disposal of the above Writ petition, 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 pleased to grant leave to receive the counter affidavit in WP no. 8429 of 2017 and pass Counsel for the Petitioner(S): 1. P GANGA RAMI REDDY Counsel for the Respondent(S): 3 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 3. ANCHA PANDURANGA RAO 4. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 5. SIVAPRASAD REDDY VENATI 6. MOHAN RAO The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P. No.8429 of 2017 ORDER: 1. The present Writ Petition is filed seeking the following relief: “to declare the action of the respondents 2 to 4 in not preventing the unauthorized construction in the open area measuring 74 ankanams in S.No. 374 of Kondayapalem, Nellore Municipal Corporation by the respondents 5 and 6 and their men and not taking action against the encroachers as illegal and arbitrary and Consequently direct the respondents 2 to 4 to prevent unauthorized construction in the open area measuring 74 ankanams in S.No. 374 of Kondayapalem, Nellore Municipal Corporation and keep the open area for communal purposes of residents of Kondayapalem, Nellore Municipal Corporation”. 2. The case of the Petitioners is that they are residence of 18th Ward Kondayapalem within the limits of Respondent No.2 Municipal Corporation. It is stated that in Sy.No.374, an extent of Ac.5.50 cents belongs to Government, which was classified in the revenue records as ‘ Gramanatham’ and part as ‘Chennel Poramboke’. It is further stated that houses were constructed in Gramanatham leaving Ac.0.74 cents open area for communal purposes. It is further stated that in the said site, Mahalakshmamma Temple and Sree Rama Temples are there. While so, the Respondent Nos. 5 and 6 along with their followers had started digging pits to construct a building to 5 install deity in the said site and though the same was objected by the Petitioners and others, no action was taken. 3. In the Counter Affidavit filed by the Respondent No.5, it is stated that Vinayaka Temple was constructed with the aid and help of several residents in the colony as they were existing temples all around. 4. Considering the land in question is a Government Land and as the temples are located in and around the said premises, the present Writ Petition can be disposed of with the following direction: i) The Respondents may take action as per law; and ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.07.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.8429 of 2017 Date: 10.07.2025 eha U