APHC010314612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15861/2024 Between: 1. KATHULA SESHAGIRI RAO, S/O VEERARAGAVIAH, AGED ABOUT 74 YEARS, R/O. D.NO 28-07-102-13, VIJAYAGANAPATHI LAYOUT ROAD NO 07, LAKSHMIVIGNESWARA NAGAR, SMILE, NAVALAKULA GARDENS, NELLORE-524002. 2. KATHULA VENKATESWARI,, W/O SESHAGIRI RAO, AGED ABOUT 64 YEARS, R/O. D.NO 28-07-102-13, VIJAYAGANAPATHI LAYOUT ROAD NO 07, LAKSHMIVIGNESWARA NAGAR, SMILE, NAVALAKULA GARDENS, NELIOIE-524002. 3. KATHULA ADITYA KUMAR,, S/O SESHAGIRI RAO. AGED ABOUT 33 YEARS, R/O. D.NO 28-07-102-13, VIJAYAGANAPATHI LAYOUT ROAD NO 07, LAKSHMIVIGNESWARA NAGAR, SMILE, NAVALAKULA GARDENS, NELLORE-524002 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE MUNICIPAL CORPORATION OF NELLORE, NELLORE, SPSR NELLORE DISTRICT REP. BY ITS COMMISSIONER. 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 2 4. THE ASSISTANT ENGINEER AE, APSPDCL, MAIN ROAD, NELLORE 5. THE TOWN PLANNING OFFICER, TOWN PLANNING SECTION. MUNICIPAL CORPORATION OF NELLORE. NELLORE.SPSR NELLORE DISTRICT. 6. THE DISTRICT SPORTS AUTHORITY, REP BY A.P. SUBBAREDDY SPORTS COMPLEX NELLORE.SPSR NELLORE DISTRICT. 7. THE DISTRICT DISASTER RESPONSE AND SERVICE DEPARTMENT SOUTHERN REGION, NELLORE, SPSR NELLORE DISTRICT. 8. VEMAREDDY RAGAVAREDDY, S/O VENKUREDDY AGED ABOUT 80 YEARS, R/O PR RESIDENCY 3RD FLOOR, PLOT.NO. 301, D.NO 27-2-534, 101 TO 8, OLD POST OFFICE STREET. BALAJI NAGAR, NELLORE SPSRNELLORE DISTRICT. 9. NIKKUDALA MURALIKRISHNA, S/O N.SNRAMIAH, AGED ABOUT 35 YEARS,R/O DNO.11-05-1C2, THUKUMANUMITTASANTHAPETA, NE SPSRNELLORE DISTRICT. HERE, 10. SANKRANTHI KALYAN, S/O MALAKONDAIAH, AGED ABOUT 60 YEARS, R/O ROAD NO7 VIJAYAGANAPATHI LAYOUT, 3RD MILE, NAVALAKULA GARDENS, NELLORE. SANKRANTI PRADEEP, S/O KALYAN, AGED ABOUT 35 YEARS, R/O ROAD NO7 VIJAYAGANAPATHI LAYOUT 3RD MILE, NAVALAKULA GARDENS, NELLORE. 11. SANKRANTI PRADEEP, S/O KALYAN, AGED ABOUT 35 YEARS, R/O ROAD NO 7 VIJAYAGANAPATHI LAYOUT 3RD MILE, NAVALAKULA GARDENS, NELLORE. 12. RACHURU RAJESH, S/O JANAKI RAMAYYA. AGED ABOUT 35 YEARS, R/0 FLAT NO. 502, VENGAMAMBA RESIDENCY, D.NO. 3/1208, NAGENDRA NAGAR, NELLORE. 13. RACHURU JANAKI RAMAYYA, S/O SESHAIAH, AGED ABOUT 35 YEARS, R/0 FIAT NO, 502, VENGAMAMBA RESIDENCY, D.NO. 3/1208, NAGENDRA NAGAR, NELLORE. ...RESPONDENT(S): 3 Counsel for the Petitioner(S): 1. J.V.PHANIDUTH Counsel for the Respondent(S): 1. GP FOR SPORTS 2. VENKATA RAMA RAO KOTA SC FOR APSPDCL 3. GP FOR REVENUE 4. PENJURI VENUGOPAL 5. J DILEEP KUMAR 6. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 ORDER:- The petitioners are aggrieved by the inaction on the part of the respondents in removing the unauthorized structure erected under the name "RR Indore Stadium." 2. It is submitted that the unofficial respondents have unauthorizedly erected a shed by encroaching on the public road, thereby causing severe inconvenience to the petitioners. It is further submitted that several representations were made by the petitioners to the 2nd respondent. The 2nd respondent, vide endorsements dated 18.03.2024 and 15.04.2024, and proceedings dated 21.11.2023, has repeatedly informed that action would be taken against the unauthorized construction. It is also submitted that the 2nd respondent is fully aware of the unauthorized construction by respondent Nos. 8 to 13; however, no further action has been taken by the respondent authorities. 3. Today, when the matter was taken up for hearing, the learned Government Pleader appearing for the respondents, upon written instructions from the Assistant City Planner, Nellore Municipal Corporation, submits that the 2nd respondent has issued an endorsement to respondent Nos. 9 and 12, who are running the RR Indore Stadium, calling upon them to attend a hearing on 28.08.2025. It is further submitted that the 9th respondent attended the hearing and filed a written explanation, wherein he requested 30 days’ time to remove the structure totally. The explanation submitted by the 9th respondent was taken on record by the 2nd respondent, and as per the written instructions, 5 it is stated that further action shall be taken in pursuance of the undertaking given by the 9th respondent. 4. Recording the submissions of the learned Government Pleader and taking on record the written instructions submitted, the writ petition is disposed off, directing the 2nd respondent to take appropriate action soon after the permitted time for removal of the RR Indore Stadium, which was erected by respondent Nos. 9 and 12. There shall be no order as to costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 04.09.2025 PNS