1 APHC010508682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0 FRIDAY. THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26052 OF 2024. 31357 OF 2024. 21fi« 9826. 9843. 12758 OF 2025 WRIT PETITION NO: 26052 OF 2024 Between: Choppa Ramachandra Reddy, S/o Narasimha Reddy Aged about R/o D.No.22-11-97/3, Durga Nagar Colony, Gollavanigunta, Tirupati District. 57 years, town and ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District 3. The Circle Inspector of police, Alipiri PS, Tirupati, Tirupati 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 a writ, order or direction more particularly one in the nature of a writ of mandamus or any other appropriate writ, order i the action of respondents no.2 and 3 in not taking action Dt.11-11-2024 or direction declaring I on the complaint given under Public Grievance Redressal System and not r = 2 the land grabbers as illegal protecting the property of the petitioner fro and consequently direct the respondents 2 and 3 to registe and take action against the arbitrary complaint Dt. 11-11-2024 of the petitioner encroach the property of the petitioner persons trying to lA NO: 1 OF 2024 under Section 151 CPC praying that in the circumstances stated the High Court may be pleased .2 and 3 to act upon the and take action on the of the petitioner pending disposal of the Petition in the affidavit filed in support of the petition may be pleased to direct the respondents no Dt.11-11-2024 given by the petitioner complaint persons trying to grab the property above writ petition Counsel for the Petitioner: M/S. P GANGA RAMI REDDY Respondents No.1 to 3; GP FOR HOME Counsel for the APHC010601362024 WRIT PETITION NO: 31357 OF 2024 Between: S. Parvati, Aged about 70 years, W/o S. Ramasamudram Village, Tirumalakuppam 1 District- 517584. ‘, Subramanyam Naidu, R/o Post Puttur Mandal, Tirupati ...Petitioner AND 1. state of Andhra Pradesh, Rep, by its Principal Secretary, Department of Municipal Administration and Urban Development Velagapudi, Secretariat Buildings, Amaravati. Tirupati Municipal Corporation, Tirupati, Rep by its Commissioner. 2. The 3. Choppa Ramachandra Reddy, S/o Narasimha Reddy, Aged about 57 years, R/o D.No.22-11-97/3, Durga Nagar Colony, Gollavanigunta, Tirupati Town and District, Andhra Pradesh. 4. G Jaya Prakash, S/o Late G. Subramanyam, Aged about 46 D.No.44/3, East Street, Venkatagiri Town, Nellore District. years, R/o ...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 or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not initiating any action against the Respondent No.4 who is making unauthorized construction in land admeasuring 181.62 Sq. Meters in Sy.No.65/1 in Gollavanigunta, Akkarampalli Group, Tirupati Urban Mandal, Tirupati District as being illegal, arbitrary, in violation of Article 14, 21 and 300- A of the Constitution of India, and also in violation of provisions of APMC Act, 1955 and A.P. Building Rules, 2017 and Consequently direct the Respondent No.2 to cancel the building NO.1012/0080/B/TIR/G/202 2 dated 02.03.2022 in favour of the Respondent No.4 and remove the unauthorized construction 181.62 Sq. Meters in Sy.No.65/1 in Gollavanigunta, Akkarampalli Group, Tirupati Urban Mandal, Tirupati District permission granted vide Permit made in land admeasuring 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 to direct the Respondent No.2 not to allow the Respondent No.4 herein further construction in to make land admeasuring 181.62 Sq. Meters in Sy.No.65/1 in Gollavanigunta, Akkarampalli Group, Tirupati Urban Mandal Tirupati District Counsel for the Petitioner: SRI N ASHWANI KUMAR 4 Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE, Standing Counsel Counsel for the Respondent No.3: SRI P GANGA RAMI REDDY Counsel for the Respondent No.4: SRI O UDAYA KUMAR APHC010043012025 SMB WRIT PETITION NO: 2168 OF 2025 Between: S Parvati, W/o S. Subramanyam Naidu, Aged about 70 years Ramasamudram Village, Tirumalakuppam Post, Puttur Mandal, Tirupati District- 517584. R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Velagapudi, Secretariat Buildings, Amaravati. 2. The Tirupati Municipal Corporation, Tirupati, Rep by its Commissioner. 3. Choppa Ramachandra Reddy, S/o Narasimha Reddy, Aged about 57 R/o D.No.22-11-97/3, Durga Nagar Colony, Gollavanigunta, Tirupati Town and District, Andhra Pradesh. R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Velagapudi, Secretariat Buildings, Amaravati. 2. The Tirupati Municipal Corporation, Tirupati, Rep by its Commissioner. 3. Choppa Ramachandra Reddy, S/o Narasimha Reddy, Aged about 57 R/o D.No.22-11-97/3, Durga Nagar Colony, Gollavanigunta, Tirupati Town and District, Andhra Pradesh. years ...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 or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.2 5 in issuing proceedings vide Notice No.384/1012/TPT/UC/2024 dated 14.12.2024 cancelling the building permission granted in favour of the Petitioner and thereby proceeding with demolition of the said structures without issuing any further notice as being illegal, arbitrary, in violation of Article 14, 21 and 300-A of the Constitution of India, and also in violation of provisions of APMC Act, 1955 and A.P. Building Rules, 2017 and consequently to set aside the proceedings issued vide Notice NO.384/1012/TPT/UC/2024 dated 14.12.2024 by the Respondent No.2 lA 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 to direct the Respondent No. 2 not to demolish the structures built in subject property of the Petitioner or interfere with the possession of the Petitioner property admeasuring an 17 extent of 168.66 Sq.Meters in Sy.No.65/1 in Gollavanigunta, Akkarampalli Group, Tirupati Urban Mandal, Tirupati District, pending disposal of the above Writ Petition over lA NO: 2 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 to suspend the operation of proceedings issued vide NO.384/1012/TPT/UC/2024 dated 14.12.2024 by pending disposal of the above Writ Petition Notice the Respondent No.2 Counsel for the Petitioner: SRI N ASHWANI KUMAR Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region Counsel for the Respondent No.3: P GANGA RAMI REDDY 6 APHC010195552025 WRIT PETITION NO: 9826 OF 2025 Between: Choppa Ramachandra Reddy, S/o Narasimha Reddy, aged about 57 years, R/o D. No. 22-11-97/3, Durga Nagar, Gollavanigunta, Tirupathi town and District. ...Petitioner 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 Tirupathi Municipal Corporation, rep. by its Commissioner, Tirupathi Town and District. 3. S S Parvathi, W/o S. Subramanyam Naidu, aged about 70 years, R/o Ramasamudram village, Tirumalakuppam post, Puttur Mandal, Tirupathi 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Notice No.23(8) /G3/2024 dated 2-4-2015 under Section 461 (2) of APMC Act 1955 issued by the 2nd respondent illegal, arbitrary and in violation of principles of natural justice Consequently set aside the same and direct the 2nd respondent to as and - . 7 considered the other options like compounding or regularization of the building of the petitioner lA 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 to stay the notice No.23(8)03/2024 dated 2-4-2025 issued by the 2nd respondent, pending disposal of the above Writ petition Counsel for the Petitioner: SRI P GANGA RAMI REDDY Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region APHC010195572025 WRIT PETITION NO: 9843 OF 2025 Between: 1. G. Jayaprakash, S/o Late G. Subramanyam, aged about 45 years, R/o Ward No.22, Gollavanigunta, Tirupathi City and District. ...Petitioner 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 Tirupathi Municipal Corporation, rep. by its Commissioner, Tirupathi Town and District 8 3. S Parvathi, W/o S.Subramanyam Naidu, aged about 70 years, R/o Ramasamudram village, Tirumalakuppam post, Puttur Mandal, Tirupathi 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the Notice No.23(9) /G3/2024 dated 2-4-2025 under 461 (2) of APMC Act 1955 issued by the 2nd respondent as illegal, arbitrary and in violation of principles of natural justice and Consequently set aside the same and direct the 2nd respondent to considered the other options like compounding or regularization of the building of the petitioner SA 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 to stay the notice No.23(9)G3/2024 dated 2-4-2025 issued by the 2nd respondent, pending disposal of the above Writ petition Counsel for the Petitioner; SRI P GANGA RAMI REDDY Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region APHC010255352025 WRIT PETITION NO: 12758 OF 2025 Between: 9 Chappidi Anirudh, S/o. Chappidi Peddaiah, aged about 36 years, Rep by GPA holder, Smt. Chappidi Sasi kumari, R/o H.No.22-11-97/8, Durga Nagar Colony, Goliavanigunta, Tirupati town, Tirupati District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tirupati Municipal Corporation, Rep by its Commissioner, Tirupati Tirupati District. 3. S Parvathi, W/o S. Subramanyamnaidu, R/o D.No.2-82/1, Ramasamudram village, Puttur Mandal, Chittoor 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 a writ, order or direction more particularly one in the nature of a writ of mandamus or any other appropriate writ, order or direction declaring the order of cancellation of building permission vide letter no. RVK/1012/2022/0011 dated 28-02-2025 and the notice no.17/1012/TPT/UC/2023 dated 01-05- 2025 issued by the 2nd respondent as illegal, arbitrary and in violation of Principle of Natural Justice and consequently set aside the above order dated 28-02-2025 and notice dated 01-05-2025 issued by the 2nd respondent lA 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 to suspend the order passed vide letter no. RVK/1012/2022/0011 dated: 28-02- 10 2025 and the notice no.17/1012/TPT/UC/2023 dated: 01-05-2025 issued by the 2'"'^ respondent pending disposal of the above writ petition Counsel for the Petitioner: SRI P GANGA RAMI REDDY Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: POTHAM VENGALA REDDY SC For M.Corporation In Rayalaseema region The Court made the following Common Order: % APHC010508682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26052/2024 Between: Choppa Ramachandra Reddy ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.GP FOR HOME WRIT PETITION NO: 31357/2024 Between: S. Parvati, ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.0 UDAYA KUMAR 3.P GANGA RAMI REDDY 2 WRIT PETITION NO; 2168/2025 Between: S Parvati ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.POTHAM VENGALA REDDY Rayalaseema Region In 2.P GANGA RAMI REDDY 3.GP MUNCIPAL ADMN AND URBAN DEV AP WRIT PETITION NO: 9826/2Q2fi ...RESPONDENT(S) SC For Municipal Corporation in Between: Choppa Ramachandra Reddy ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent{S): 1.POTHAM VENGALA REDDY Rayalaseema Region In 2.GP MUNCIPAL ADMN AND URBAN DEVAP ...RESPONDENT(S) SC For Municipal Corporation in 3 % WRIT PFTITION NO: 9843/2025 Between: ...PETITIONER G.Jayaprakash AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.POTHAM VENGALA Rayalaseema Region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP WRIT PFTITION NO: 12758/2025 REDDY SC For Municipal Corporation in Between: ...PETITIONER Chappidi Anirudh AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.POTHAM VENGALA Rayalaseema Region In 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: REDDY SC For Municipal Corporation in HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.26052 of 2024, 31357 of 2024. 2168 of 2025. 9826 of 2025. 2168 of 2025. 9826 of 2025. 9843 of 2025 and 12758 of 2025 COMMON ORDER: W.P.No.26052 of 2024 is filed seeking to declare the action of the Respondent Nos.2 and 3 in not taking any action on the complaint dated 11.11.2024 given under Public Grievance System and not protecting the property of the Petitioner from the land grabbers, as illegal and arbitrary. 1. 2. W.P.No.31357 of 2024 is filed seeking to declare the action of the Respondent No.2 in not initiating any action against the Respondent No.4, who is making un-authorized construction in the land admeasuring 181.62 Sq. Meters in Sy.No.65/1 in Gollvanigunta, Akkarampalli Group, Tirupati Urban Mandal, Tirupati District, as illegal and arbitrary. 3. W.P.No.2168 of 2025 is filed seeking to declare the action of the Respondent No.2 in issuing proceedings vide Notice NO.384/1012/TPT/UC/2024; dated 14.12.2024 cancelling the building permission granted in favour of the Petitioner and thereby proceeding with demolition of the said structures without issuing any further notice, as illegal and arbitrary. 2 4. W.P.No.9826 of 2025 is No.23(8)/G3/2024, dated 02.04.2015 under Section filed seeking to declare the Notice 461(1) of the Andhra Pradesh Municipal Corporations Act, 1955 issued by the Respondent No.2, as illegal and arbitrary 5. W.P.No.9843 of 2025 is filed seeking to declare the Notice No.23(9)/G3/2024, dated 02.04.2025 under Section 461(2) of Andhra Municipal Corporations Act, 1955 issued by the Respondent No .2, as illegal and arbitrary. 6. W.P.No.12758 of 2025 is filed seeking to declare the order of cancellation of building permission vide Letter No.RVK/1012/2022/001 dated 28.02.2025 and the Notice No.17/1012/TPT/UC/2023, 01.05.2025 issued by the Respondent No.2, as illegal and arbitrary. 1 dated 7. The Petitioners W.P.No.26052 W.P.Nos.9826 of 2025, 12758 of 2025 and 9843 in of 2024 and of 2025 are sailing together. The Writ Petitioner is W.P.Nos.2168 of 2025 and 31357 of 2024 is the rival claimant. The genesis for the entire batch of based on the action initiated by the Municipal authorities the cases is pursuant to a civil suit filed by the Writ Petitioner in W.P.No.2168 of 2025 along with others with regard to the subject property. 3 4 8. The suit O.S.No.345 of 2006 was filed in the Court of the Principal Senior Civil Judge, Tirupati, seeking relief of permanent injunction against the Defendants therein i.e. Writ Petitioner in W.P.Nos.26052 of 2024 and 9826 of 2025. The Writ Petitioners in W.P.No.12758 of 2025 and 9843 of 2025 are pendente lite purchasers of house plots from the Defendant in the suit i.e. Choppa Ramachandra Reddy (Writ Petitioner in W.P.No.26052 of 2024 and W.P.No.9826 of 2025). The suit O.S.No.345 of 2006 was decreed by the trial Court on 11.02.2011 and the same was confirmed in the Judgment, dated 22.12.2017 in A.S.No.71 of 2011 delivered by the VI Additional District Judge (Fast Track Court), Tirupati. On the basis of the outcome in the civil suit proceedings were initiated against the Writ Petitioners in W.P.Nos.12758 of 2025, 9843 of 2025, 26052 of 2024 and 9826 of 2025. In all the impugned orders, there is a reference to the Judgment and Decree of the Civil Courts referred above. 9. The Defendant Choppa Ramachandra Reddy had filed S.A.No.231 of 2018 before this Court questioning the Judgment and Decree passed in O.S.No.345 of 2006 as confirmed in A.S.No.71 of 2011 as referred above. This Court on 16.06.2025 after hearing the respective counsels set-aside the Judgment and Decree in O.S.No.345 of 2006 and allowed the Second Appeal. The relevant portion of the Judgment reads as under:- 4 “45. In the result, the Second Appeal No. 231 of 2018 is allowed. The Judgment and decree, dated 22.12.2017 in A.S.No.71 of 2011, on the file of the VI Additional District Judge (Fast Track Court), Tirupati and the Judgment and decree, dated 11.02.2011 in O.S.No.345 of 2006, on the file of the Principal Senior Civil Judge, Tirupati are hereby are set aside. Consequently, the suit in O.S.No.345 of 2006 on the file of the Principal Senior Civil Judge, Tirupati is dismissed. Considering the facts and circumstances of the case, each party do bear their own costs in the second appeal. ” 10. In the light of the Judgment and Decree in S.A.No.231 of 2018, the impugned proceedings in the W.P.Nos.12758 of 2025, 9843 of 2025, 26052 of 2024 and 9826 of 2025 need be reconsidered by the Respondent authorities. Therefore, in the light of the Judgment of this Court in S.A.No.231 of 2018, this Court is of the opinion that the Writ Petitions can be disposed of with the following directions; (i) The impugned orders in the W.P.Nos.12758 of 2025, 9843 of 2025, 26052 of 2024 and 9826 of 2025 are set aside; (ii) The Respondent authorities shall examine the Judgment and Decree passed by this Court in S.A.No.231 of 2018 and take appropriate action afresh. 8 The W.P.No.2168 of 2025 was filed by the Plaintiff No.14 questioning the cancellation of building plan and in view of the Judgment 11. and Decree in S.A.No.231 of 2018, the same cannot be interfered with and the W.P.No.2168 of 2025 is disposed of leaving it open to the Writ Petitioner to re-agitate the issue in the event the Judgment and Decree in S.A.No.231 of 2018 are set-aside. 12. W.P.No.31357 of 2024 filed by the Plaintiff No.14 is disposed of leaving it open to the Respondent authority to examine and pass appropriate orders after taking into note of the Judgment in S.A.No.231 of 2018. 13. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// S ION OFFICER To, 1. The Principal Secretary, Home Department, State Secretariat, Velagapudi, Amaravathi, Guntur District. of Andhra Pradesh 2. The Principal Secretary, Municipal Development Department, Administration and Urban Secretariat Velagapudi Buildings, Amaravathi 3. The Commissioner, Tirupati Municipal Corporation 4. The Superintendent of Police, Tirupati, Tirupati District Tirupati ' <\ \ 12 5. The Circle Inspector of police, Alipiri PS, Tirupati, Tirupati District. 6. One CC to SRI P GANGA RAMI REDDY Advocate [OPUC] 7. One CC to SRI N ASHWANI KUMAR, Advocate [OPUC] 8. Two CCs to GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, High Court of Andhra Pradesh [OUT] 9. One CC to SRI A S C BOSE, Standing Counsel for Municipal Corporation [OPUC] 10. One CC to SRI P GANGA RAMI REDDY, Advocate [OPUC] 11. One CC to SRI O UDAYA KUMAR, Advocate [OPUC] 12. One CC to SRI POTHAM VENGALA REDDY, Standing Counsel for Municipal Corporation Rayalseema Region [OPUC] 13. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 14. Two CD Copies gsg 14 HIGH COURT DATED: 27/06/2025 COMMON ORDER WP’S NO. 26052, 31357 OF 2024, 2168, 9826, 9843 12758 OF 2025 DISPOSING THE WP’S WITHOUT COSTS