APHC010322572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16795/2025 Between: 1. KOSIREDDY GANESWARA RAO, S/O APPARAO, AGE 55 YEARS,SOCIAL WORKER, LINGAMPARTHI VILLAGE,YEIESWARAM NAGARA PANCHAYATHI, YELLESWARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. THE YELESWARAM NAGARA PANCHYATHI, REP BY ITS COMMISSINER, KAKINADA DISTRICT. 4. THE TAHSILDAR, YELESWARAM YELESWARAM MANDAL, KAKINADA DISTRICT 5. THANGETI VEERA BABU, S/O NUKARAJU, AGE,45 YEARS, OCC, LORRY DRIVER YELESWARAM NAGARA PANCHAYATI, YELESWARAM MANDAL, KAKINADA DISTRICT.. ...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 2 pleased topleased to issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents No 2 to 4, in not removing/demolishing the illegal construction being made by the 5th respondent in Sy No 92/1, to an extent of land Ac 00.10 cents out of 23.45 cents at Gollametta, Yeleswaram Nagara Panchayati, Kakinada District. As illegal, highhanded, arbitrary, against law and violative of Article 300 A of the Constitution of India. Consequently direct the respondents No 2 to 4 to dispose of representation dated on 08-05-2025, and 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 direct the respondents No 2 to 4,to dispose of representation dated on 08.05.2025 andstop the illegal construction in Sy No 92/1 at Gollalametta, Yeleswaram Nagara Panchayati, Kakinada District, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. M CHALAPATHI Counsel for the Respondent(S): 1. M CHALAPATHI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16795/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.2 to 4, in not removing/demolishing the illegal construction being made by the 5th respondent in Sy.No.92/1 to an extent of land Ac 00.10 cents out of 23.45 cents at Gollametta, Yeleswaram Nagara Panchayati, Kakinada District as illegal, highhanded, arbitrary, against law and violative of Article 300-A of the Constitution of India and consequently direct the respondent Nos.2 to 4 to dispose of representation dated on 08.05.2025 and pass such other order.” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent No.3. 3. Learned counsel for the petitioner submits that the 5th respondent is proceeding with the illegal construction of the building in the land admeasuring to an extent of Ac.0.10 cents out of 23.45 cents in Sy.No.92/1 at Gollametta, Yeleswaram Nagara Panchayati, Kakinada District. The petitioner being the resident of the said Village made a representation to the respondents complaining that the 5th respondent is carrying illegal construction. Even after receipt of the said representation, the respondents are not taking any steps against the illegal construction. Hence, the present Writ Petition. 4 4. On the other hand, learned Standing Counsel for respondent No.3 furnished written instructions, wherein it is stated as follows: “It is humbly submitted the facts that, the respondent No.3 has issued a notice on 19.04.2025 to the respondent No.5 under Andhra Pradesh Municipalities Act under Sections 153, 192, 193(4), 217, 228, 357 after the respondent No.3 field staff’s enquiry the illegal house construction is going in government mountain land and hence issued notice & him to stop the illegal construction and to produce the documents. He has produced patta and documents of his site. Further, it is humbly submitted that, the respondent No.3 has issued online notice in UCIMS web portal on 07.05.2025 to the respondent No.5 and hereby directed to stop further construction forthwith and he stopped work.” 5. Learned Standing Counsel for respondent No.3 further submits that the illegal construction carrying by respondent No.5 was stopped as it is. 6. Considering the submissions made by the learned counsel for the petitioner and the learned Standing Counsel for respondent No.3 and on perusal of the material placed on record, it is observed that respondent No.5 is proceeding with the illegal construction without there being any valid permission from the competent authority i.e., the 3rd respondent. It seems that the 3rd respondent 5 already issued notice against the illegal construction of the 5th respondent on 07.05.2025 and also on 29.05.2025. 7. In view of the facts and circumstances as stated above, the Writ Petition is disposed of directing the 3rd respondent to proceed further against the illegal construction of the 5th respondent with reference to the notices dated 07.05.2025 and 29.05.2025 and take appropriate action in accordance with law. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1111..0077..22002255 TTPPSS 6 144 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16795 of 2025 1111..0077..22002255 TTPPSS