IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17107 OF 2024 Between: S. Shoba, d/o Venkatesappa, Age 65 Years, Occ: House Wife R/o 1/5, Ground Floor, Mountain Street, Jaya Nagar, Bangalore ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, The Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Guntur District 2. The Rayadurgam Municipality, Rep by its Municipal Commissioner, Rayadurgam, Anantapur District. 3. The Office of Sub Registrar, Rep by Sub Registrar, Rayadurgam, Anantapur District. 4. Padmavathi, W/o Late S.Nagabhusanam Age 72 Years, Occ Dependant, R/o 108, 5‘^ Cross, Teachers Colony, 2"^ Stage, Near Dayananda Sagar College, Bangalore. 5. Narasimhamurthy, S/o Late S.Nagabhusanam, Age 56 Years, Occ Business R/o 108, 5th Cross, Teachers Colony, 2'^'^ Stage, Near Dayananda Sagar College, Bangalore. 6. Somasekhar, S/o Late S.Nagabhusanam, Age 52 Years, Occ Business R/o 108, 5‘ Cross, Teachers Colony, 2'^^ Stage, Near Dayananda Sagar College, Bangalore. 7. Krishna, S/o Late S.Nagabhusanam, Age 50 Years, Occ: Business R/o 108, 5 Cross, Teachers Colony, 2"“^ Stage, Near Dayananda Sagar College, Bangalore. 8. Rachepalli Shiva, S/o Rachepalli Venkatesh, Age 30 Years, Occ Business R/o Near BSNL Office, Lakshmi Bazar, Rayadurg Town Anantapur District. 9. K.Dhanunjaya, S/o K.Govindappa, Age 40 Years, Occ:Business, R/o Kothagutta, Rayadurg Town, Anantapur 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 nature of Writ of Mandamus, declaring the inaction on the part of Respondent No.2 in taking necessary action against un authorized lay out constructions laid by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac 3-52 Cents in Survey No.398, an Extent of Ac 1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area, Anantapur District without having valid permit as illegal, arbitrary, against the principles of natural justice and consequently direct the Respondent No.2 to remove the illegal lay out laid along with road, drains constructed thereon by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac 3-52 Cents in Survey No.398, an Extent of Ac 1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area Anantapur District ahd further direct the Respondent No.2 to intimate the Respondent NO.3 to not to receive and process any registration pertaining to unauthorized plots in Survey Numbers 398, 399 situated at Rayadurgam Municipality Area Anantapur District. 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 to take appropriate action in pursuance of Notice dt.27.12.2023 for removing illegal lay out laid along with road, drains constructed thereon by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac 3-52 Cents in Survey No.398, an Extent of Ac 1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area Anantapur District. Counsel for the Petitioner: SRI N CHANDRA SEKHAR REDDY / Counsel for the Respondent No.1: GP FOR WtUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: SMT V.SIREESHA RANI, SC for MUNICIPALITIES Counsel for the Respondent No.3: GP FOR REGISTRATION & STAMPS Counsel for the Respondents 4 to 9: SRI SAIDULU S K The Court made the following order: APHC010335472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17107/2024 Between: S. Shoba ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.SAIDULU S K 3.GP FOR REGISTRATION AND STAMPS 4.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER:- This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: r) “...to issue a Writ, order or direction more particuiariy one in nature of Writ of Mandamus, deciaring the inaction on the part of Respondent No. 2 in taking necessary action against un authorized iay out constructions iaid by the Respondents 4 to 9 in Agricuiture Land admeasuring an extent of Ac. 3-52 Cents in Survey No. 398, an Extent of Ac.1-60 Cents in Survey No.399 situated at Rayadurgam Municipaiity Area, Anantapur District without having valid permit as iilegai, arbitrary, against the principles of natural justice and consequently direct the Respondent No. 2 to remove the illegal lay out laid along with road, drains constructed thereon by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac.3-52 Cents in Survey No.398, an Extent of Ac.1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area Anantapur District and further direct the Respondent No. 2 to intimate the Respondent No. 3 to not to receive and process any registration pertaining to unauthorized plots in Survey Numbers 398, 399 situated at Rayadurgam Municipality Area, Anantapur District...” The case of the petitioner is that the petitioner jointly owns agriculture land admeasuring an extent of Ac.3.52 cents in Sy.No.398 and an extent of Ac.1.60 cents in Sy.No.399, situated at Rayadurgam Village and Mandal, Anantapur District, along with legal heirs of Late S.Naga Bushanam-namely, Gopal, Susheelamma, Gururaja, who are co-sharers of land in issue. The petitioner is entitled to 1/4^'^ share in agriculture land, having inherited it from her father Late Venkatesappa, who had purchased the lands in the name of his mother during his lifetime under registered sale deeds dated 01.03.1967 and 22.08.1969. As the co-sharers failed to come forward for the partition of lands in issue, despite several requests, the 2. petitioner filed a suit in O.S.No.104 of 2017, seeking a decree for partition and separate possession of the joint family property. The suit is now pending for adjudication. It is further submitted that, as the matter stood thus, in December 2023, the petitioner observed that respondent Nos.4 to 7, the legal heirs of late S.Naga Bushanam (who passed away during pendency of partition suit), along with respondent Nos.8 and 9 have been changing the nature of the suit subject land by dividing the same into open plots amid publicity to dispose of by laying plots, through illegal layout in the name and style ‘Padmavathi layout’ in Sy.Nos.398, 399 situated at PSR school, BTP Main Road, Rayadurgam Municipality. This has been carried out without converting the land for non-agricultural purposes, as it still remains under Revenue survey numbers. Upon receiving information about the illegal and unauthorized layout, the 2"'^ respondent has initiated proceedings by issuing notice dt.27.12.2023, as contemplated under Section 184 of Andhra Pradesh Municipalities Act, 1965, directing respondent Nos.4 to 9 to stop further work and remove the unauthorized lay out. However, apart from issuing notice further steps have been taken against them. Subsequently, the petitioner submitted a representation dt. 16.04.2024, requesting respondent No.2 to take necessary steps, but no action has been taken except issuing another notice dated 23.04.2024. Hence, the writ petition. 3. , no 4. Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner and Ms.V.Sireesha Rani, learned Standing CounsejJorIVfunicipality. \ detailed counter, wherein it is stated that notice to the layout developer i.e., the 9 184 of the Andhra Pradesh before the petitioner submitted a complaint. The 2'^'^ respondent has filed a 5. respondent issued a 27.12.2023 following Section nd the 2 respondent on Municipalities Act, 1965, even During field inspection, it was observed that the unauthorized layout was extent of 3.52 acres. Furthermore, in 2024, the 2""* respondent which delayed the layout developed only in Sy.No.398, covering an the preparations for the General Elections in and its staff were occupied with election duties. After the completion of the elections in due to nd in 2024, the 2 removal process respondent issued another reminder notice on 08.08.2024, directing the layout unauthorized iayout. Additionally, the 2"^ respondent developer to remove the sent a letter to the 3'“ respondent-the Sub Registrar of Rayadurg instructing halt the registration of plots within the unauthorized layout. The 2 nd them to respondent took decisive action markers and dismantling the infrastructure. against the unauthorized layout by removing plot is clear that the 2"^ respondent has taken necessary and has already removed the of the same, no further . However, if the petitioner has any the remedies as From the above, it is 6. with regard to the unauthorized layout and dismantled the infrastructure. In view action plot markers adjudication is required in this writ petition grievance subsisting, it is open to the petitioner to pursue available in accordance with law. as to costs. Accordingly, the Writ Petition is closed. No^ord» 7. i Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. SD/- N NAGAMMA assistant; register ^FICER //TRUE COPY// SE To 1 One CC to Sri N Chandra Sekhar Reddy, Advocate [OPUC] 2. One CC to Sri Saidulu, Advocate [OPUC] 3. OneCCto Sri Sireesha Rani, SC for Municipalities [OPUC] 4. TwoCCsto GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 5. TwoCCsto GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM y HIGH COURT DATE0:05/02/2025 ORDER x’ 1 3 MAR 2C25 . Current Section WP.No.17107 of 2024 CLOSING THE WP WITHOUT COSTS