APHC010610012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32060 OF 2025 Between: 1. SMT. SHAIK ASHALATHA, , W/O VANKADARA HARI KRISHNA, AGED ABOUT 35 YEARS, D.NO 74-24-24/1, DHANEKULAVARI STREET, ASHOK NAGAR, VIJAYAWADA. 2. SRI VANKADARA HARI KRISHNA,, S/O SUBHASH CHANDRA BOSE, AGE BOUT 52 YEARS, R/O D.NO 74-24-24/1, DHANEKULAVARI STREET ASHOK NAGAR, VIJAYAWADA. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI SECRETARIAT, AMARAVATI. 2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA. 3. THE COMMISSIONER, AUTO NAGAR INDUSTRIAL LOCAL AUTHORITY (ILA), VIJAYAWADA. 4. SHAIKNAGUL BASHA, S/O BASHA, MUSLIM, AGED ABOUT 39 YEARS, R/O D.NO 74-7-6/2, DONKA ROAD, PATAMATA, VIJAYAWADA. 5. SHAIK PARWIN, W/O SHAIK NAGUL BASHA, D/O KHASIM SARIF SHAIK, MUSLIM, AGED ABOUT 34 YEARS, R/O D.NO 74-7-6/2, DONKA ROAD, PATAMATA, VIJAYAWADA. 6. ADUSUMILLI SAKUNTHA MOHAN ALIAS NANDU, S/O MOHAN RAM DAS (LATE), HINDU, AGED ABOUT 42 YEARS, R/O D.NO 40-26/1- 15, NEAR MAHITHA PUBLIC SCHOOL, ADHIKAARI HOTEL LANE, BRINDHAVAN COLONY, VIJAYAWADA, ...RESPONDENT(S): 2 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 topleased to Issue an appropriate Writ of Mandamus, declaring that the actions of the Respondents 4 and 5 in unlawfully entering upon the petition-schedule property and commencing unauthorized and illegal construction thereon, in active collusion with antisocial elements, as arbitrary, illegal, and violative of the judicial orders passed by competent courts, and also in contravention of Articles 14, 21, and 300-A of the Constitution of India, Direct the Respondents 1 and 2 (ILA Commission and its competent officer) to forthwith take all necessary and effective measures to stop the ongoing illegal construction, trespass, and encroachment upon the petition- schedule property by Respondents 4 and 5 and their associates, and to ensure protection of the said property in accordance with law, 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 stay all further proceedings pursuant tht;reto and, pending final disposal of this Writ Petition, direct Respondent No.3 (ILA Commissioner, Auto Nagar Industrial Local Authority) tc forthwith and immediately stop all ongoing illegal and unauthorized construction activities in the petition- schedule property being undertaken by Respondents4, 5 and 6, and to take all riecessary enforcement measures, including police protection if required, to prevent any further development, occupation, or encroachment over the said propery; and to ensure that the status of the property is maintained without any alteration or violation until disposal of this Writ Petition; and pass Counsel for the Petitioner(S): Chennappagari Sankara Counsel for the Respondent(S): GP for Revenue The Court made the following order: Heard Sri Chennappagari Sankara, learned counsel for the petitioner and Sri T.Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3. 2. The grievance of the petitioner in the instant writ petition is against the action of the unofficial respondent Nos.4 and 5 in unlawfully entering into the petitioners schedule property and making constructions in unauthorized and illegal manner, in collusion with antisocial elements and consequently, sought 3 for a direction to respondent Nos.1 and 2 to forthwith to take all necessary steps to stop ongoing illegal constriction, trespass and encroachment of the petitioners schedule property by respondent Nos.4 and 5 and their associates, to ensure protection of the said property in accordance with law. 3. Having regard to the relief as sought in the writ petition, this Court is of the view that Writ Petition is not maintainable, as the nature of dispute is a private dispute between the petitioner and the unofficial respondent Nos.4 and 5, who are private parties and this Court acting under Article 226 of the Constitution of India cannot issue a Writ of Mandamus against the private respondents. 4. Accordingly, the Writ Petition is dismissed, granting liberty to the petitioner to pursue the remedies available under law before the appropriate forum. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 06.05.2026 BSK 4 33 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 32060 OF 2025 Date: 06.05.2026 BSK