APHC010006592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 691/2025 Between: Maddela Mariyamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents particularly the Respondent No 3 on the representations dated 19/12/2024 and 30/12/2024 submitted by the petitioner with a request to take necessary action against the Respondent Nos 4 and 5 for making unauthorized illegal and encroached construction on the eastern side wall of house of the petitioner without leaving any setbacks contrary to Building Rules in the premises bearing D No 2/248 Buddayapalle Proddutur Kadapa District as illegal irregular irrational and violation of provisions of A P Municipal Corporations Act and Articles 14 21 and 300A of the Constitution of India and to consequently direct the respondents to demolish the same and to deal with them according to law and to take stringent action against the subordinates of the 3rd respondent in the interest of justice and to pass…” 2. The brief facts of the case are that the petitioner is the absolute owner and possessor of House bearing D.No.2/247, Budayapalle, Proddutur, Kadapa District and the respondent Nos.4 and 5 are the neighbors of the petitioner, who are residing on the eastern side of the petitioner’s house having house bearing D.No.2/248. The grievance of the petitioner is that the respondent Nos.4 and 5 have started construction without leaving any setbacks on the eastern side of his house by occupying 15 feet public road. Alleging the same, the petitioner has submitted representations dated 19.12.2024 and 30.12.2024 respectively to the respondent No.3 requesting him to take necessary action against the unauthorized construction made by the respondent Nos.4 and 5 herein. As no action has been initiated by the official respondents, the petitioner filed the present writ petition. 3. Heard Sri K.Jyothi Prasad, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 & 2 and Smt. Sireesha Rani, learned Standing Counsel appearing for the respondent No.3 and perused the material available on record. 4. Today when the matter came up for admission, learned Standing counsel appearing for the respondent No.3 has furnished a copy of instructions issued by the Commissioner, Proddatur Municipality, wherein it is stated that in pursuance of the representations dated 19.12.2024 and 30.12.2024 made by the petitioner, the respondent-office had issued endorsements dated 28.12.2024 and 31.12.2024 respectively to the petitioner, but the petitioner had refused to receive the said endorsements sent by the respondent-office. 5. On a perusal of the instructions submitted by the learned Standing Counsel, it appears that the respondents have not stated anything specifically as to whether they have initiated any further action in pursuance of the representations dated 19.12.2024 and 30.12.2024 submitted by the petitioner. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent No.3 to act upon the representations dated 19.12.2024 and 30.12.2024 submitted by the petitioner by issuing fresh notices to the petitioner and as well as to the respondent Nos.4 & 5 herein and thereafter proceed in accordance with law. The said process shall be completed within a period of eight (08) weeks from the date of receipt of a copy of the order. 7. With the above direction, the Writ Petition is disposed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 09.01.2025 SRT 53 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.691 of 2025 Date: 09.01.2025 SRT