APHC010375332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 19089 OF 2024 Between: APAC Financial Services Pvt. Limited, registered Office at Lower Parel west, Mumbai and having branch Office at D.No.29-12-197-2, 1®* Floor, VK Arcade, Raju Complex, Revenue Ward No.26, Nellore 524004 represented By its Authorised Officer Mr. Mr.Toleti Vamsi Krishna, S/o T. Sundar Rao, age 36 years, Nellore, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by it s Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Nellore Municipal Corporation, Ambedkar Nagar, Nellore, A.P. 3. The Tahasildar, Collectorate Office, Kovvur, Nellore HO. Nellore. 4. The Superintendent of Police, Shanthi Nagar, Banwadipalem, SPNR Nellore District, A.P. 5. The Station House Officer, Nellore Rural Police Station, Santhapeta, Nellore, A.P. 6. M/s.Surya Guest Inn, D. No No.27-10-1, NTR Nagar Revenue, ward No.27, 5-3-393, SKPT street. Stone house pet, Nellore - 524994. ...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 an appropriate Writ, direction or order, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 1 to 3 in not removing or demolishing the unauthorized construction of the thatched sheet building constructed, erected, encroached on the public road 30 feet width situated on the southern side our mortgaged property put for sale in e auction causing obstruction for ingress and agrees for public in general and also ingress and agrees into our property on the southern side namely Surya Guest Inn hotel situated in 600 sq.yds Situated in D.No.27-10-1/4, in Patta No. 116, Sy.No.651, southern side of Krishna Nagar, near D.No.2/585, Bit 2 area, Nellore vide building plan approved permission Proc.No.BPS2019/NEL/M027/34113 dated 24-10-2019 without considering our representations dated 22-06-2023, 25-07-2023. 13-06-2024, 22-06-2024, 10-07-2024 and on 27-07-2024 as arbitrary, illegal, whimsical, unjust and violative of Articles 14, 21, 19 and 300A of the Constitution of India, contrary to the procedure established under Law, besides in utter breach of principles of natural justice and consequently direct the 2"'^ Respondent to consider representation dated 10-07-2024 duly conducting enquiry and inspection as to the unauthorized construction and encroachment on the public road from NH6 Chennai to Culcutta High way to Krishnanagar, NTR Nagar Colony. 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 2"^^ respondent to take steps or removal of encroachment on the public road duly considering our representations latest dated 27-07-2024 and 10-07-2024 expeditiously within a period of 2 weeks in the interests of justice. our Counsel for the Petitioner: SRI P.VIVEK Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5: GP FOR HOME Counsel for the Respondent No.6: The Court made the following order: APHC010375332024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19089/2024 Between: 1.APAC FINANCIAL SERVICES PVT. LIMITED, REGISTERED OFFICE AT LOWER PAREL WEST, MUMBAI AND HAVING BRANCH OFFICE AT D.NO.29-12-197-2, 1ST FLOOR, VK ARCADE, RAJU COMPLEX, REVENUE WARD N0.26, NELLORE 524004 REPRESENTED BY ITS AUTHORISED OFFICER MR. MR.TOLETI VAMSI KRISHNA, S/O T. SUNDAR RAO, AGE 36 YEARS. NELLORE, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT S PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT. VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION. AMBEDKAR NAGAR, NELLORE, A.P. 3.THE TAHASILDAR, COLLECTORATE OFFICE, KOWUR, NELLORE HO. NELLORE. 4.THE SUPERINTENDENT OF POLICE, SHANTHI NAGAR, BANWADIPALEM, SPNR NELLORE DISTRICT, A.P. 5.THE STATION HOUSE OFFICER, NELLORE RURAL POLICE STATION, SANTHAPETA, NELLORE, A.P. 6.M/S SURYA GUEST INN, D. NO NO.27-10-1, NTR NAGAR REVENUE, WARD N0.27, 5-3-393, SKPT STREET. STONE HOUSE PET, 2 NELLORE - 524994. ...RESPONDENT(S); Counsel for the Petitioner: 1.P VIVEK Counsel for the Respondent(S): 1.GP FOR HOME 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order: nd The petitioner is aggrieved by the inaction on the part of the 2 respondent in not considering the representations dated 22.06.2023, 25.07.2023, 13.06.2024, 22.06.2024, 10.07.2024, and 27.07.2024 submitted by the petitioner. 2. It is submitted that the petitioner had submitted representations seeking the indulgence of the 2 nd respondent for removal of the unauthorized construction on the public road. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2"'^ respondent. 4. Considering the same, there shall be a direction to the 2"'* respondent to dispose of the representations of the petitioner, in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- G. HELA NAipU ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Amaravathi, Guntur District. 2. The Commissioner, Nellore Municipal Corporation Nellore, Andhra Pradesh. Velagapudi, Ambedkar Nagar, 3. The Tahasildar, Collectorate Office, Kovvur, Nellore HO. NeHore. 4. The Superintendent of Police, Shanthi Nagar, Banwadipalem, SPNR Nellore District, A.P. 5. The Station House Officer, Nellore Rural Police Station, Santhapeta, Nellore, A.P. 6. M/s. Surya Guest Inn, D. No No.27-10-1, NTR Nagar Revenue, ward No.27, 5-3-393, SKPT Street Stone House Pet, Nellore - 524994. 7. One CC to Sri P. Vivek, Advocate [OPUC] 8. One CC to Sri A.S.C.Bose, SC for Municipal Corporations. [OPUC] 9. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 10. 11. [OUT] 12. Two CD Copies. gi ■4 "H HIGH COURT DATED: 17/07/2025 ORDER WP No. 19089 OF 2024 Sf ANDH^ X i« JUL 2025 (JJ &» Current Section DISPOSING OF THE WRIT PETITION WITHOUT COSTS