'S s A A A APHC010247022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13142 OF 2025 Between: T. Bala Krishna, S/o. Gopala Rao, Aged 39 years, R/o. D.No.5-178/A1, L. B. Nagar, Mangalagiri, Guntur District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, Velagapudi, Amaravati, Guntur District. 2. Mangalagiri-Tadepalli Municipal Corporation, Rep. by its Commissioner, Mangalagiri, Guntur District, Andhra Pradesh. Secretariat, 3. Smt. Challa Venkatamma, W/o Late Venkataiah, Aged about 60 years. Presently residing at Sy.No. 194, PWD Kaluva, beside Vadderapalem Govt. School, Atmakuru-522503, Mangalagiri, Guntur District ...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 one in the nature of writ of Mandamus declaring the inaction on the part of the respondents particularly the 2 nd respondent in respect of the removal of encroachment made by the 3'"^ respondent herein in the road margin which is AA classified as PWD Kaluva covered by Sy.No. 194 situated adjacent on the v\/estern side of house site of the petitioner situated in an extent of 435.6 sq.yards out of total extent of Ac. 5.10 cents in Sy.No. 195 of Atmakur, Mangalagiri, Guntur District in spite of repeated representation s including, latest representation dated. 04/02/2025, by simply issuing notice dated. 16/04/2025 to the 3rd respondent to remove the encroachment without any further action in that regard, as illegal, arbitrary, malafide, unjust and against constitutional guarantees provided under Article 300(A) of Constitution of India besides violation of principles of Natural justice and to consequently direct the Respondents to remove the encroachment made on the above said road margin property situated adjacent on the western side of the above said House site property, in the interest of justice. lA NO: 1 OF 207fi 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 issue an interim direction against the 2"'^ Respondent to encroachment made by the 3''‘ respondent herein into the road IS classified as PWD Kaluva covered by Sy.No. 194 situated adjacent western side of house site of the petitioner situated i remove the margin which on the an extent of 435.6 sq. in yards out of total extent of Ac.5.10 Mangalagiri, Guntur District, during the pendency of this interest of justice. cents in Sy.No. 195 of Atmakur writ petition, in the Counsel for the Petitioner: SRI K. JYOTHI PRASAD Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.3:— The Court made the following order: 1 HN, J W.P.No.13142 2025 APHC010247022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13142/2025 Between: 1.T. BALA KRISHNA,, S/0. GOPALA RAO, AGED. 39 YEARS, R/0. D.N0.5-178/A1, L. B. NAGAR, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT, VELAGAPUDI, AMARAVATI, SECRETARY, DEVELOPMENT GUNTUR DISTRICT. 2.MANGALAGIRITADEPALLI MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH. 3.SMT CHALLA VENKATAMMA, W/0 LATE VENKATAIAH, ABOUT 60 YEARS, PRESENTLY RESIDING AT SY.NO. 194, PWD KALUVA, BESIDE VADDERAPALEM GOVT. SCHOOL, ATMAKURU- 522503, MANGALAGIRI, GUNTUR DISTRICT. AGED ...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 topleased to- issue an anpropriate writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the inaction on the HN,J W.P.No.l3142_2025 particularly the 2nd respondent in respect of the removal of encroachment made by the 3rd respondent herein in the road mjgin which is classified as PWD Kaluva covered by Sy No 194 situated iiSEsilili gin property situated adjacent on the western side of the above House site property, in the interest of justice and to lA NO: 1 OF 202.4 in the'affitvnt'd circumstances stated 'h® High Court may be pleased pleased to issue an interim direction against the 2nd Resnnndom . ° ” “>»- - «"“5 Counsel for the Petitioner: 1.KJYOTH I PRASAD Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN said pass DEV r , 3 HN, J W.P.No.13142 2025 THE honourable SRI JUSTICE HARINATH.N WRIT PETITION NO: 13142 of 2025 ORDER: The petitioner is aggrieved by the inaction on the part of the respondent No.2 in not taking action against the 3'" respondent, who is occupying the road margin abutting the petitioner’s. property by constructing a hut. It is 1. submitted by the learned counsel for the petitioner that though the hut was constructed by the 3'"^ respondent, the 3'^^ respondent is not residing there. Notice sent to the 3 rd respondent was returned unserved with the endorsement “refused”. The learned Standing counsel for the 2'"'^ respondent submits that an enquiry was conducted on 05.08.2025, and notice was issued to both the petitioner and the 3'"^ respondent, calling upon them to attend the enquiry on 07.08.2025. The petitioner attended the enquiry: however, the 3'^'^ respondent failed to attend. 2. \ The learned Standing counsel for the 2'^^ respondent further submits that the respondent authorities are trying to resolve the issue, and in that regard, appropriate notices were also sent to ascertain the right of the 3 However, the 3''^ respondent failed to respond to the said notice, and as such, except for taking the further representation from the petitioner on 07.08.2025, nothing substantial could be arrived at during the said hearing. 3. rd respondent over the road margin. HN, J W.P.No.13142 2025 ' Considering the submission of the learned counsel for the petitioner and espondent, the learned Assistant Government Pleader for 1®* respondent and the respondent shall depute a team to remove the encroachment on the road for the 3'"^ respondent, after duly providing an alternative site for the 3'"^ respondent if the 3'"'^ respondent is found to be residing in the said house. Accordingly, the writ petition is disposed off. There shall be no order as 4. the learned Standing counsel for the 2 itC' 5. to costs. As a sequel, miscellaneous applications, pending, ^jf any, shall stand closed. Sd/- [VI. SRINIV.AS ASSISTANT REGISTRAR // 9^. //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner, Mangalagiri-Tadepalli Municipal Corporation, Mangalagiri, Guntur District, Andhra Pradesh. One CC to Sri K. Jyothi Prasad, Advocate [OPUC] One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC] Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] Two CD Copies. 1. 2. 3. 4. 5. 6. ssb >* HIGH COURT DATED;01/09/2025 ORDER WP No. 13142 OF 2025 I M ^ ^ Current Seciion ^ y¥ m disposing of the w.p. without costs