I APHC010179802021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NOS: 10667 & 20482 OF 2021 WRIT PETITION NO: 10667 OF 2021 Between: KBC Square Flat Owners Welfare Association, Rep. by its Secretary G. Vijay Kumar, Rtd. Employee S/o Sri Venkateswara Rao, Hindu, Aged 68 Occ- Retired Employee, Rio Flat. No. 304, A-Block, Tadigadapa Municipality Vijayawada, Krishna District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Amaravathi Metropolitan Region Development Authority, Rep by Commissioner, Eluru Road, Vijayawada, Krishna District. 3. The Tadigadapa Municipality, Rep by its Commissioner Vijayawada, Krishna District. 4. The Commissioner of Police, Police Commissionarate, Vijayawada, Krishna District. 5. The Inspector of Police, Penamaluru Police Krishna. District. its Tadigadapa Station, Vijayawada, 6. Jasti Shankara Krishna, S/o Sobhanadri Rao, Hindu, aged 65 years, R/o D.No.74-10-1 5, Lakshmipathi Nagar, Patamata, Vijayawada -10, Krishna District. 7. Kotha Vijaya Lakshmi, W/o Seethrama Varma, Hindu, House-Wife, R/o Patamata, Vijayawada, Krishna District. 8. Patibandia Nageswara Rao, S/o late Hindu, Patamana, Vijayawada, Krishna District. aged 60 years aged 66 years, R/o ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of - Mandamus declaring the action, things and Deeds the High Court may be of Respondents not completing the construction in of internal CC Road (Work ID.067061806006080025) from Guru's Collage to KBC Square Apartment, Tadigadapa, Vijayawada, Krishna District connecting to 100 feet Canal Road, unconstitutional, in violation of provisions of Municipalities Act and its rules also in violation of Article 14, 19. 21 and 300-A of Constitution of India which is illegal, irregular, unfair, discrimination,. consequently direct Respondents 1 to 5 to - take appropriate action against Respondents feet Municipal Road and two Electric 6 to 8 for damaging the 33 Poles, further direct them to pay damages of Rs. 3,00,000/-. lA NO: 1 OF 9091 Petition under Section 151 CPC in the affidavit filed In support of the petition, the High Court may be pleased direct the Respondents complete the construction praying that in the circumstances stated to of internal CC Road (Work ID.067061806006080025) from Guru's Collage to KBC Square Apartment, Tadigadapa, Vijayawada, Krishna District connecting to 100 feet Canal Road by further directing Respondents 6 to 8 Municipal Road pending disposal of main Writ Petition. not to obstruct the usage of 33 feet r Counsel for the Petitioner: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent Nos. 6 & 7; SRI M L ALI Counsel for the Respondent No.3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent No.2: SMT. S PRANATHI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondent Nos. 4 & 5: GP FOR HOME APHC010339472021 WRIT PETITION NO: 20482 OF 2021 Between: 1. Sri Jasthi Shankara Krishna, S/o.Sobhadri Rao, age- 65 years R/o D.NO.40-4-2A, Jasti Venkataratnam St. Lubbipet, Back of DV Manner Hotel, Venkateswarapuram Post Vijayawada, K. Dt. 2. Smt. Kotha Vijayalaxmi, W/o Sitarama Verma age- 60 years R/o D.No.48-11-32/15 Gummadi Heights Kadiyala Ramakrishna Rao St., Currency Nagar, Vijayawada, K. Dt. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District 2. The Amaravathi Metropolitan Region Development Authority, Rep. by its Commissioner, Eluru Road Vijayawada, Krishna District. 3. The Commissioner and Director Municipal Administration, Gorantia, Guntur. 4. The Commissioner Tadigadapa Municipality, Tadigadapa, Vijayawada. 5. The Superintending Engineer, Andhra Pradesh Central Distribution Corporation Ltd. Near PWD Grounds, Vijyawada. 6. The Dy Executive Engineer (Operations), Andhra Pradesh Central Power Distribution Corporation Ltd. Kanuru Sub-Division, Vijyawada. 7. The Asst Engineer (Operations), Yanamalakuduru, Vijayawada. 8. KBC Square Flat Owners Welfare Association, Rep. by its Secretary, G. Vijay Kumar, Rtd. Employee W/o Sri Venkateswara Rao, Hindu, Aged 68 yearsw, Occ- Retired Employee Tadigadapa Municipality, Vijayawada, Krishna District. Power R/o Flat No.304, A-Block ...Respondents 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 issue appropriate writ, order or direction, more in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in not demolishing the unauthorized construction of 8th Respondent and its encroachments over the petitioners' land 150 Sq. yards vide Registered Sale bearing No.6959/1990, Deed document pursuant to the dt.28/11/1990 open site, representation of the Petitioners' dated 19/08/2021 contrary to law and consequentially direct the respondents 2 to 4 to demolish the unauthorized construction of the 8th Respondent forthwith with law. as illegal arbitrary, and in accordance lA NO: 1 OF 2021 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 consider the dated 19/08/2021 submitted constructions made by the 8th respondent. representation of the Petitioners requesting to demolish the unauthorized Counsel for the Petitioners: SRI M L ALI Counsel for the Respondent No.8: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondent No.4: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent No.2: SMT. S PRANATHI Counsel for the Respondent Nos. 5 to 7; SRI V V SATISH (SC FOR APCPDCL) Counsel for the Respondent Nos. 1 & 3: GP FOR MUNCIPAL ADMN & URBAN DEV The Court made the following Common Order: / APHC01017980,''.021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3460] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10667 OF 2021 Between: KBC Square Flat Owners Welfare Association, ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.M LALI 2.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 3.S PRANATHI 4.GP FOR MUNCIPAL ADMN URBAN DEV WRIT PETITION NO: 20482 OF 2021 Between: Sri Jasthi Shankara Krishna, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.M LALI Counsel for the Respondent(S): 1.NARASIMHA RAO GUDISEVA 2.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP 3.Y NAGI REDDY (APTRANSCO) 4.SPRANATHI 5. V R REDDY KOWURI (SC FOR APCPDCL) 6.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ) r THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10667 OF 2021 AND WRIT PETITION NO: 20482 OF 2021 COMMON ORDER: The Writ Petition No. 10667 of 2021 is filed questioning the action of the Respondents in not completing the construction of internal CC Road (Work ID 067061806006080025) from Guru’s College to KBC Square Apartment, Tadigadapa, Vijayawada, Krishna District, connecting to 100 ft.. Canal Road as illegal and arbitrary. The Writ Petition No. 20482 Of 2021 is filed questioning the action of the Respondents 2 to 4 in not demolishing the unauthorized construction of Respondent No.8 and its encroachments over the Petitioners’ land admeasuring 150 Sq.yds vide Registered Sale Deed dated 28.11.1990, pursuant to the representation of the Petitioners dated 19.08.2021 as illegal and arbitrary. 2. These Writ Petitions arise out of the same issue and therefore are being disposed of by a Common Order. W.P.No.20482 of 2021 is taken as lead case for the sake of convenience. 3. The facts leading to filing of the W.P.No.2482 of 2021 are as follows: The Petitioner No.1, Jasthi Shankara Krishna and his brother Jasthi Sitaram are the absolute owners of the house site Plot No.6 admeasuring 491.4 Sq.yds in R.S.No.12/7 at Tadigadapa, within limits of Tadigadapa \ - Municipality, Vijayawada. They have purchased the same under two Registered Sale Deeds, bearing Nos. 6800 and 6804 of 1990 16.11.1990 measuring 243.03 and 248.21 sq.yds respectively. Since the date of purchase, they have been in possession and enjoyment of the Similarly, the Petitioner No.2 is the absolute owner of Plot No.5, house site admeasuring 427.10 sq.yds situated .in R.S.No.12/7, Tadigadapa and she purchased the same under Registered Sale Deed vide document No.6834 of 1990, dated 16.11.1990 and she has been possession and enjoyment of the same since purchase. dated same. 4. It is stated that one late Bollu Gopala Rao and two others were the original owners of the total extent of land Ac. 1.02 cents in R.S.No.12/7, Tadigadapa, Vijayawada and they have divided the same into 10 plots, each with different extents and sold out the same to various persons. For the ingress and egress to all the Plot owners, they have laid a 33 ft., width Katcha Road starting from south boundary plots 4 and 7 leading to main road, as there is no other way to all the plot owners to approach the main road. The said extent of land (160 ft., length and 33 ft. width), was gifted to the Tadigadapa Gram Panchayat vide Registered Gift Deed dated 28.11.1990 vide document No.6960 of 1990 enabling the Gram Panchayat to lay pucca C.C.Road. 5. It is stated that there is an extent of 150 Sq.yds open site situated in between Plot Nos. 5 and 6, which is a dead end and as the same was left to the owners of the Plot Nos. 5 and 6 for their exclusive use. Land owners sold the same to both the plot owners under a Registered Sale Deed dated 28.11.1990 vide document No. 6959 of 1990. Adjacent to the Plot Nos. 5 and 6, the Respondents flats constructed under the name and style of “KBC Square Apartments”. It is further stated that the flats were constructed after due permission in the year 2017. As per the sanctioned plan, the builder rightly placed “IN’ Gate and ‘EXIT” Gate for ingress and egress to the inhabitants of the Flats from the South-Eastern corner. 6. While so, the Flat Owners of KBC Square Apartments have formed into a Welfare Association i.e Respondent No.8 with an ulterior motive claiming right over the passage through their northern side, which on the southern side of the Plot Nos. 5 and 6 had demolished the wall in part and laid a gate. It is stated that the gate erected on the northern side of the flats of Respondent No.8 going through the space between Plot Nos. 5 and 6 was not contemplated under the sanctioned building Plan and the builder was well aware of this fact that the property between Plot Nos. 5 and 6 is a private property and therefore did not set up any gate. However, the Members of the Respondent No.8 sought to alter the same and in that context, the Writ Petition is filed. 7. The Members of the Respondent No.8 had also filed W.P.No.10667 of 2021 questioning the action of the Respondents in not completing the construction of internal CC Road (Work ID 067061806006080025) from Guru’s College to KBC Square Apartment, Tadigadapa, Vijayawada, Krishna District, connecting to 100 ft.. Canal Road and for a consequential direction to the Respondents 1 to 5 therein to take action against the Respondents 6 to 8 for damaging the 33 ft.. Road and claimed damages of Rs. 3,00,000/-. 8. Respondent No.4 filed Counter-Affidavit stating that permission was obtained from the Urban Development Authority, Vijayawada to construct KBC Square Apartment and the apartment had four gates in total. It is further stated that there is no gate shown in the approved plan on northern side, but the road is shown on the northern side of the apartments. 9. Mr. M.L.AIi, learned counsel for the Petitioners in W.P.No.20482 of 2021 would contend that the property in question is a private property and the same is apparent by the fact that even in the building plan approval sought by the builder KBC Square Apartment, no gate was provided on the northern side and he was well aware of the fact that the same is a road. 10. Learned counsel for the Respondent No.8 would contend that road was in existence since long time and is covered by gravel and same cannot be treated as a private road. It is also further contended that total extent of length of the road is beyond 33 ft., including the space between Plot Nos. 5 and 6. It was also contended that the sale deeds of the Petitioners also mentioned the space between Plot Nos.5 and 6 as road. r 11. in reply, learned counsel for the Petitioners would submit that the road shown in the Sale Deeds standing in their favour is only a private road and not a public road and the road as per Registered Gift Deed executed by original owners to Tadigadapa Gram Panchayat does not extend up to Petitioners houses and proposed northern gate of Respondent No.8. Therefore, Respondent No.8 cannot take advantage of the said fact. 12. The short issue involved for determination would be “whether the property in between Plot Nos. 5 and 6 forms part of the road gifted to the Tadigadapa Gram Panchayat under a Registered Gift Deed bearing document No. 6960 of 1990, dated 28.11.1990 ?”. 13. Having heard the respective counsel, this Court is of the opinion that the factual determination would be required as to the extent covered by the Gift Deed bearing document No. 6960 of 1990, dated 28.11.1990 and whether such road extends up to northern boundary of KBC Square Apartment. Therefore, it would be appropriate to dispose of both the Writ Petitions with following directions; i) The Petitioners shall submit a detailed representation to the Respondent No.4 annexing the relevant documents in support of their claim to show that the land in between Plot Nos, 5 and 6 is a private property within a period of four (04) weeks from the date of receipt of a copy of this order. ii) The Respondent No. 8 shall also submit relevant documents Respondent No.4 in support of their claim that the subject property is a public road, within a period of four (04) weeks from the date of receipt of a copy of this order; to iii) On receipt of such representations along with requisite documents, the Respondent No.4 shall examine the same and shall depute a Surveyor for the purpose of determining the extent gifted to Tadigadapa Gram Panchayat, vide Document No. 6960 of 1990, dated 28.11.1990, thereafter take appropriate action in this regard. iv) Till such time, both parties are directed to maintain status quo. v) In the event. Respondent No.4 comes to a conclusion that the land in question in between Plot Nos. 5 and 6 is a private property of the Petitioners, the Respondent No.8 shall close the proposed gate on northern side. 14. With the above directions, the Writ Petitions are disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRA.R //TRUE COPY// SECTIOTTOFFiCER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Amaravathi Metropolitan Region Development Authority, Eluru Road Vijayawada, Krishna District. 3. The Commissioner and Director Municipal Administration, Gorantia, Guntur. r 4. The Commissioner, Tadigadapa Municipality, Tadigadapa, Vijayawada. 5. The Superintending Engineer, Andhra Pradesh Central Power Distribution Corporation Ltd. Near PWD Grounds, Vijyawada. 6. The Dy Executive Engineer Operations, Andhra Pradesh Central Power Distribution Corporation Ltd. Kanuru Sub-Division, Vijyawada. 7. The Asst Engineer Operations, Yanamalakuduru, Vijayawada. 8. The Commissioner of Police, Police Commissionarate, Vijayawada, Krishna District. 9. The Inspector of Police, Penamaluru Police Station, Vijayawada, Krishna. District. 10. One CC to Sri M L Ali Advocate [OPUC] 11. One CC to Sri Narasimha Rao Gudiseva Advocate [OPUC] 12. One CC to Sri Y Nagi Reddy (APTRANSCO) Advocate [OPUC] 13. One CC to Smt. S Pranathi Advocate [OPUC] 14. One CC to Smt. Sireesha RAni Vallabhanei (SC for Municipalities) Advocate [OPUC] 15. One CC to Sri V VSatish (SC for APCPDCL) Advocate [OPUC] 16. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] 17. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 18. Two CD Copies TF HIGH COURT ! DATED: 11/07/2025 COMMON ORDER WP NOS. 10667 & 20482 OF 2021 eAti6 20?5 S X- Co ^ Current Sscuon ^ ^ DISPOSING OF THE W.P.s, WITHOUT COSTS