IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAfi:?' (Special Original Jurisdiction) "o- % ?• MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11601 OF 2024 Between: Chinta Narasimhaiah, S/o. Krishnaiah, Aged - years, Occ: Business, R/o.Dr.No.67/53, Co-Operative Urban Bank Street. Kurnool City, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. The Municipal Corporation of Kurnool, Rep. by its Commissioner, Kurnool - 518 004. The City Planer/Town Planning Officer, The Municipal Corporatinn of Kurnool, Kurnool - 518 004. S. Intiaz Basha, S/o. Abdul Hameed, Aged about 57 years, R/o.D.No.67/53-B, Fort, Near Co-Operative Urban Bank, Kurnool City, Kurnool. S.Riyaz Basha, S/o. Abdul Hameed, Aged about 55 years, R/0.D.N0.67/53-A, Fort, Near Co-Operative Urban Bank, Kurnool City, Kurnool. 1. 2. 3. 4. 5. ...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 an appropriate writ, order or direction more particularly p one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 & 3 in not taking any action on my legal notice Dt. 10.02.2023 for removal of the encroachment of road margin in front of the house of the petitioner bearing D.No.67/53, Ward No.67, Co-operative Urban Bank Road, Kurnool made by the respondents 4 & 5 as bad illegal, arbitrary and violative of Articles 14,16,19,21 and 300-A of the Constitution of India and consequently direct the respondents 1 to 3 to remove the encroachments of respondents 4 & 5 in front of the house of the petitioner bearing D.No.67/53, Co-Operative Urban Bank Street, Kurnool in the interest of Justice. lA NO: 1 OF 2024 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 direct the 2^^^ respondent to consider the representation/legal notice of the petitioner Dt. 10.02.2023 for removal of the encroachments of the 4*^ & 5*^ respondents in front of the house of the petitioner, pending disposal of the above writ petition pending disposal of the above Writ Petition. Counsel for the Petitioner: SMT.P.SARASWATHI REPRESENTING SRI SRAVAN KUMAR MANNAVA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: STANDING COUNSEL FOR MUNC & MUNC CORPORATION Counsel for the Respondent Nos. 4 & 5: SRI SATISH SANDU The Court made the following: ORDER APHC010225642024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11601 OF 2024 Between; Chinta Narasimhaiah ...PETITIONER AND The State Of Ap and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.SRAVAN KUMAR MANNAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. SATISH SANDU The Court made the following: 2 VN, J P W.P.No.7563 of 2024 ORDER: The present writ petition is filed questioning the inaction of the respondent Nos.2 and 3 in not taking any action for removal of the encroachment of road margin by respondent Nos.4 and 5 in front of the house of the petitioner bearing D.No.67/53, Ward No.67, Co-operative Urban Bank Road, Kurnool. Heard Smt.P.Saraswathi, learned counsel for the petitioners 2. learned Government Pleader for Municipal Administration and Urban Development, learned Standing Counsel for Municipal Corporation and Sri Satish Sandu, learned counsel for respondent Nos.4 and 5. Learned counsel for the petitioner submitted that petitioner 3. claims to be the absolute owner of house bearing Door No.67/53 and the same was assessed to property tax with assessment No.50663 (old) and 1016041486 (New) and the said property was purchased under registered sale deed bearing document No.7167/1996 dated 28.10.1996. The grievance of the petitioner is that the Respondent No.4 had filed O.S.No.869 of 1998 on the file of the Court of the Principal Junior Civil Judge, Kurnool, for permanent injunction and the said suit was dismissed as the Respondent No.4 could not establish any right over the schedule property. Thereafter, Respondent Nos.4 and 5 had filed 3 VN,J W.P.No.7563 of 2024 W.P.No.22723 of 2005 seeking grant of house site pattas and the same was also disposed of by this Court without granting any relief to the petitioner on 31.8.2017. This Court, at paragraph No.5 of the W.P. No.22723 of 2005 had noted that the counter affidavit filed by the Corporation shows that the land occupied by the Respondent Nos.4 and 5 was shown in the street survey plan, as part of street and Respondent Nos.4 and 5 had encroached the public street and erected two huts causing obstruction to the public. As such, prayed to pass appropriate orders. 4. Learned Standing Counsel for Municipal Corporation, on written instructions dated 01.3.2025, which is placed on record, submits that the encroachment notice under Section 401 of the Andhra Pradesh Municipal Corporation Act, 1955 was issued to Respondent Nos.4 and 5 and the construction work has been stalled as of now. A perusal of the written instructions signed by the 5. Commissioner, City Planner, Kurnool Municipal Corporation, Kurnool dated 01.3.2025, shows that Respondent Nos.4 and 5 had encroached the public street. In view of the same, this court is of the opinion that it is appropriate to dispose of the writ petition with the following direction; The Respondent Nos.2 and 3 are directed to conclude the proceedings pursuant to encroachment notice issued to Respondent 'S. 4 VN,J W.P.No.7563 of 2024 Nos.4 and 5 under Section 401 of the Andhra Pradesh Municipal Corporation Act, 1955 within a period of eight (08) weeks from today, after due hearing to the respondents and restore the status of the street within a period of four (04) weeks thereafter.” Accordingly, the writ petition is disposed of. There shall be no 6. order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Municipal Corporation of Kurnool, Kurnool-518 004. 3. The City Planer/Town Planning Officer, The Municipal Corporatinn of Kurnool, Kurnool - 518 004. 4. One CC to Sri Sravan Kumar Mannava, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn & Urban Dev, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri P.Vengala Reddy, SC for MUNC & MUNC Corporation. [OPUC] 7. One CC to Sri Satish Sandu, Advocate [OPUC] 8. Three CD Copies. gi HIGH COURT DATED;17/03/2025 ORDER WP.No.11601 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS