4' APHC010336242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI j (Special Original Jurisdiction) | o j %K a a MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17059 OF 2025 Between: Bandi Mariyamma, W/o. Late Bandi Yakobu, D/o. Late Gujjula Abraham, aged 72 years, R/o. D.No. 27-5-2/4, H/o Tippani Maemma, Beside CSI Church, 32'^'^ Division, Aminapeta, Eluru - 534006, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi Amaravathi, Guntur District. 2. The District Collector, Eluru, Eluru District. 3. The Thasildar, Eluru Mandal, Eluru District. 4. Eluru Municipal Corporation, Rep by its Commissioner, Eluru, Eluru District. 5. The Town Planning Officer, Eluru Municipal Corporation, Eluru, Eluru District. 6. Gujjula Krupanandam Krupavaram, S/o Late Gujjula Abraham, Aged about 46 years, C/o.lts Tea time Shop, Sankara Matha, Street, R.R.Peta, Eluru, Eluru District. 7. Gujjula Roja, W/o Gujjula Krupanandam, Aged about 42 years, C/o.lts Tea time Shop, Sankara Matha, Street, R.R.Peta, Eluru, Eluru District. p 8. Nakka Joshna, W/o. Srinivasa Rao, Aged about 55 years, C/o.lts Tea time Shop Sankara Matha, Street, R.R. Peta, Eluru, Eluru District. 9. Nakka Srinivasa Rao, Aged about 59 years, C/o.lts Tea time Shop, Sankara Matha, Street, R.R. Peta, Eluru, Eluru 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 action of respondents 1 to 5 in not initiating any steps on petitioners repeated petitions including last one dated 21.06.2025 submitted for prevention of illegal encroachment and unauthorized constructions being undertaken by the respondents 6 to 9 on assignment land bearing door No. 27-5-2/4, Assessment No 30015 covered by Sy.No.39/3 situated at Eluru Municipal Basti, Aminapeta, W.P. Ward, 32rd Division, Eluru, Eluru District, within the limits of Eluru Municipal Corporation, without obtaining any permission and approved plan from respondents 4 and 5 as illegal, arbitrary, violative of petitioners fundamental rights and provisions of The Andhra Pradesh Municipalities Act 1965 and rules framed there and offends Articles 14, 21 and 300 (A) of Constitution of India and consequently direct the respondents 1 to 5 to stop the unauthorized constructions being undertaken by the respondents 6 to 9 on the said assignment land 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 respondents 3 to 5 to immediately stop the illegal and unauthorized construction being carried out by respondents 6 to 9 on the assignment land bearing door No. 27-5-2/4, Assessment No: 30015 covered by Sy.No.39/3 situated at Eluru Municipal Basti, Aminapeta, W.P. Ward, 32 Eluru, Eluru District within the limits of Eluru Municipal Corporation and consequently directing respondents 3 to 5 to demolish the already constructed "A* Division portion thereof, by preventing further illegal constructions, pending disposal of the main Writ Petition Counsel for the Petitioner: SRI V VIJAYA VARDHAN Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents No.2, 3, 5: GP FOR REVENUE Counsel for the Respondent No.4: SRI A S C BOSE The Court made the following order: > APHC010336242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17059/2025 Between: 1.BANDI MARIYAMMA,, W/0. LATE BANDI YAKOBU, D/0. LATE GUJJULA ABRAHAM, AGED 72 YEARG, R/0. D.NO. 27-5-2/4, H/0 TIPPANI MAEMMA, BESIDE CSI CHURCH, 32ND DIVISION, AMINAPETA, ELURU - 534006, ELURU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ELURU, ELURU DISTRICT. 3.THE THASILDAR, ELURU MANUAL, ELURU DISTRICT. 4.ELURU MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, ELURU, ELURU DISTRICT. 5.THE TOWN PLANNING OFFICER, ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT. 6.GUJJULA KRUPANANDAM KRUPAVARAM, S/0 LATE GUJJULA ABRAHAM, AGED ABOUT 46 YEARS, C/O.LTS TEA TIME SHOP, SANKARA MATHA, STREET, R.R.PETA, ELURU, ELURU DISTRICT. 7.GUJJULA ROJA, W/0 GUJJULA KRUPANANDAM, AGED ABOUT 42 YEARS, C/O.LTS TEA TIME SHOP, SANKARA MATHA, STREET, R.R.PETA, ELURU, ELURU DISTRICT. 8.NAKKA JOSHNA, W/0. SRINIVASA RAO, AGED ABOUT 55 YEARS, C/O.LTS TEA TIME SHOP SANKARA MATHA, STREET, R.R.PETA, ELURU, ELURU DISTRICT. 9.NAKKA SRINIVASA RAO, AGED ABOUT 59 YEARS, C/O.LTS TEA TIME SHOP, SANKARA MATHA, STREET, R.R.PETA, ELURU, ELURU 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 pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 5 in not initiating any steps on petitioners repeated petitions including last one dated 21.06.2025 submitted for prevention of illegal encroachment and unauthorized constructions being undertaken by the respondents 6 to 9 on 2 assignment land bearing door No. 27-5-2/4, Assessment No 30015 covered Sy.No.39/3 situated at Eluru Municipal Basti, Aminapeta, W.P. Ward 32rd Eluru Municipal Corporation without obtaining any permission and approved plan from respondents 4 and 5 ?! violative of petitioners fundamental rights and provisions of The Andhra Pradesh Municipalities Act 1965 and rules framed there and offends Articles 14, 21 and 300 (A) of Constitution of India and consequently direct the respondents 1 to 5 to stop the unauthorized constructions being undertaken by the respondents 6 to 9 on the said assignment land and pass 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 may be pleased to direct the respondents 3 to 5 to immediately stop the illegal and unauthorized construction being carried out by respondents 6 to 9 on the assignment land bearing door No. 27-5-2/4, Assessment No: 30015 covered by Sy.No.39/3 situated at Eluru Municipal Basti, Aminapeta, W.P. Ward 32"'^* Division, Eluru, Eluru District within the limits of Eluru Municipal Corporation and consequently directing respondents 3 to 5 to demolish the already constructed portion thereof, by preventing further illegal constructions, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.VVIJAYAVARDHAN Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: by 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO.17059 of 2025 ORDER: 1. The petitioner is aggrieved by the inaction on part of the 4‘^ respondents in restraining the unofficial respondents from proceeding with unauthorized construction at the plot D.No.27-5-2/4 in Eluru Municipality Basti, Aminapeta. 2. The learned standing counsel appearing for the respondents 4 and 5 submits that the respondents have issued provisional notice to respondents 6 to 9 calling upon them to stall the construction. It is also submitted that the property is under the dispute between the petitioner and the respondents 6 to 9. The respondents No.6 reported to have refused to take notice, as such, the same was affixed on the wall. 3. Recording the same, it is left open for the respondents 4 and 5 take necessary action after statutory period of time granted to the respondents 6 to 9 is over. Accordingly, the writ petition is disposed off. No costs. As a sequel, miscellaneous petitions pending, if any,,shall stand closed. Sd/-KTATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// rr. To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru, Eluru District. 3. The Thasildar, Eluru Mandal, Eluru District. 4. The Commissioner, Eluru Municipal Corporation, Eluru, Eluru District. ^•5': 5. The Town Planning Officer, Eluru Municipal Corporation, Eluru, Eluru District. 6. One CC to SRI V VIJAYA VARDHAN Advocate [OPUC] 7. Two CCS to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 8. Two CCS to GP FOR MUNCIPAL ADMN AND URBAN DEV, High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsg HIGH COURT DATED: 21/07/2025 ORDER WP NO. 17059 OF 2025 l'V g( 0 4 SEP 2025 Sectitfpx^'^ DISPOSING THE WP WITHOUT COSTS