APHC010376172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19341/2025 Between: 1. CHKURI GOPALA KRISHNAM RAJU, S/O. SATYA PRASAD RAJU, AGED ABOUT 36 YEARS, R/O. FLAT NO.204, EVEREST BLOCK ADITYA ENCLAVE,AMEERPET, HYDERABAD-500016. 2. CHEKURI GOWTHAM RAJU,, S/O. SATYA PRASAD RAJU, AGED ABOUT 35 YEARS, R/O. FLAT NO.204, EVEREST BLOCK ADITYA ENCLAVE, AMEERPET, HYDERABAD-500016. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND MAGISTRATE, ELURU DISTRICT, ELURU 3. THE MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER , ELURU, ELURU DISTRICT, 4. THE TOWN PLANNING OFFICER, ELURU MUNICIPAL CORPORATION ELURU, ELURU DISTRICT 5. LYNAMPUDI VEERA VENKATA SATYANARAYANA RAJU, , S/O. APPALA RAJU AGED ABOUT 40 YEARS, C/O. SSVS MILITARY HOTEL, GNT ROAD, POWERPET, ELURU, WEST GODAVARI DISTRICT. 6. GUNTURU RAMA RAJU, S/O. RANGA RAJU, AGED ABOUT 42 YEARS, C/O. SSVS MILITARY HOTEL, GNT ROAD POWERPET, ELURU, WEST GODAVARI DISTRICT. 2 7. CHEKURI GOPALA KRISHNA APPALA RAJU, S/O. (LATE) SURYANARAYANA RAJU, AGED ABOUT 39 YEARS, D.NO.22C1-47, C/O. SSVS MILITARY HOTEL, GNT ROAD, POWERPET, ELURU, WEST GODAVARI 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 mandamus declaring the action of respondent no.2 in not initiating any steps against the unauthorised construction of D.No.22C-1-48/1, Powerpet, GNT Road, Eluru, which is constructing without any legal permission and where the Learned District Court, Eluru issued Status Quo in I.A.No.332/2020 in OS No.32/2020 and not taking any action on my representations, dated 01.07.2025, 10.07.2025 and 14.07.2025 which is volition of Articles 14, 19 and 21 of Constitution of India and consequent to direct the respondents take necessary action against the unauthorised constructionand pass such IA 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 to consider representation dated 01.07.2025, 10.07.2025, to prevention of unauthorised construction of building in D.No.22C-1-48/1, Powerpet, GNT Road, Eluru; pending disposal of the main Writ Petition and pass such IA NO: 2 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 stay all further proceedings including to stop the illegal construction in TS No.579 along with old RCC Roofed structure, D.No.22C-1- 48/1, Power pet, GNT Road, Eluru-534002 and pass such Counsel for the Petitioner(S): 1. B V KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners are aggrieved by the unauthorized construction by the respondents 5 to 7. It is submitted that the petitioners and respondents 5 to 7 are parties to O.S.No.32 of 2020 on the file of VII Additional District Judge, Eluru, West Godavari district. The schedule of the property in the said suit is claimed by the petitioners and the respondents 5 to 7 are also claiming the same allegedly by virtue of a will which is in dispute. The Trial Court had granted Status-Quo to be maintained by the parties on 17.11.2020 and the said order of Status-Quo is subsisting as on date. Unmindful of the order of Status-Quo, the respondents 5 to 7 have now resorted to illegal construction without any permission from the competent respondent authorities. 2. Learned Standing Counsel appearing for the 3rd respondent, on written instructions, submits that after receipt of the complaint from the petitioners, the respondent authorities have visited the site and found that the respondents 5 to 7 were constructing without any permission, as such notice dated 29.07.2025 was also issued to the 5th respondent. The said notice is also served on the 5th respondent and the 5th respondent has been called upon to explain as to why unauthorized construction should not be pulled down. It is submitted that necessary action will taken by the 3rd respondent by following due process of law. 3. Recording the same, the Writ Petition is closed. There shall be no order as to. costs. 4 4. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 04.08.2025 BMS