APHC010366172024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18818/2024 Between: Ambati Srikrishna Vithal Babu & Others ...PETITIONER(S) AND The State Of Andhra Pradesh & Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. SARANU PHANI TEJA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18818 of 2024 ORDER: 1. The present Writ Petition is filed questioning the inaction of the Respondent Nos.2 & 3 in restraining the Respondent No.4 from making illegal and un-authorized construction of Church in the neighbouring property of the Petitioners i.e. Door No.1-42-34, Jandhyalavari Street, Nazarpet, Tenali, Guntur District, without obtaining prior permission from the official- respondents, as illegal and arbitrary. 2. Heard Sri C. Panini Somayaji, learned counsel for the Petitioners and Smt. Vallabhaneni Sireesha Rani, learned Standing Counsel for the Respondent No.3-Municipality. The notice sent to the Respondent No.4 is served and the same was filed into the Registry by way of a Memo dated 13.09.2024 vide WPUSR No.81783 of 2024. However, there is no representation on behalf of the Respondent No.4. 3. At the time of hearing, the learned Standing Counsel for the Respondent No.3-Municipality passed on the written instructions signed by the Commissioner, Tenali Municipality dated 28.03.2025, wherein it was mentioned that Provisional Notice was issued to the Respondent No.4 on 12.12.2023 vide Notice No.268/ 1028/ TNL/ UC/ 2023 and subsequently Confirmation Order was passed on 05.01.2024 under Section 228(3) of Andhra Pradesh Municipalities Act, 1965 and under Section 115(3) of APCRDA Act, 2014. 4. Taking into consideration the written instructions of the Commissioner, Tenali Municipality, this Court is of the opinion that the Writ Petition can be disposed of restraining the Respondent No.4 from making any further constructions relating to the Church till appropriate authority gives written permission to proceed with the construction. 3 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 28.03.2025 IS 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18818 of 2024 Date: 28.03.2025 IS