APHC010382062025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.Nx WRIT PETITION No: 19791 OF 2025 ^ - 3 Ik V ' Between: Katamgari Krishna, S/o. Venkateswarlu, aged about 55 years, resident of Sathyanarayanpuram Jakhir Hussian Nagar Nellore, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amravati, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Nellore Municipal Corporation, Represented tjy its Commissioner, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore City, SPSR Nellore District. ...RESPONDENTS Petition under Article 22^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 order, or a direction, or a writ, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos. 3 and 4 in not considering the representations of the 19.05.2025 and 14.07.2025 regarding removal of the illegal encroachments as being illegal, arbitrary, unconstitutional, and consequently Respondents No. 3 and 4 to take consider the representations of the Petitioner dated 19.05.2025 and 14.07.2025 and pass appropriate orders. Petitioner dated direct lA No: 1 OF 2Q2fi Petition under Section 151 CP 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 to consider the representations of the Petitioner dated 19.05.2025 and 14.07.2025, pending disposal of the above Writ Petition.^ Counsel for the Petitioner: M/s. SHAIK OMER QAIYUM- Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN AND^ URBAN DEV Counsel for the Respondent Nos.2 & 4: GP FOR REVENUE ^ Counsel for the Respondent No.3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010382062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19791/2025 Between: 1.KATAMGARI KRISHNA, S/0. VENKATESWARLU, AGED ABOUT 55 RESIDENT OF SATHYANARAYANPURAM JAKHIR YEARS, RUSSIAN NAGAR NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. SECRETARIAT, 2.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 3.THE NELLORE MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 4.THETAHSILDAR, NELLORE CITY SPSR NELLOREDISTRICT. ...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 toPleased to issue an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 3 and 4 in not considering the representations of the Petitioner dated 19.05.2025 and 14.07.2025 regarding removal of the illegal encroachments as being illegal, arbitrary, unconstitutional, and consequently Respondents No. 3 and 4 to take consider the representations of the direct -■/ 2 Petitioner dated 19.05.2025 and 14.07.2025 and pass appropriate orders and to 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 pleased to direct the respondents to consider the representation s of the Petitioner dated 19.05.2025 and 14.07.2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.SHAIKOMER QAIYUM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEVAP 1 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on part of the respondents in disposing of the representations dated 19.05.2025 and 14.07.2025. It is submitted that the petitioner has purchased land admeasuring 30 cents in Survey No. 1189 of Nellore Bit-2, within the Nellore Municipal Corporation limits. It is stated that the said property was purchased in the year 2010, and ever since, the petitioner has been in possession and enjoyment of the property. It is further submitted that a builder who is constructing in the adjoining land is trying to encroach on the petitioner’s property and in that regard, the petitioner submitted representation dated 19.05.2025 to the S'"* respondent. It is submitted that further representation dated 14.07.2025 was also submitted calling upon the 3^^ respondent to take necessary action against the attempts of the builder in encroaching the petitioner’s property. Learned Standing Counsel appearing for the 3'"^ respondent submits that the representation dated 19.05.2025 was adequately considered and in pursuance of the representation dated 14.07.2025, the 3'*^ respondent had got the survey conducted and that the survey report is awaited. It is also submitted that the survey was conducted in presence of the petitioner and the 3'^'^ respondent shall take necessary action after receiving the survey report. Recording the same, the Writ Petition is closed, leaving it open for the petitioner to challenge the survey report, if so aggrieved with. No costs. 2. 3. 4 4. Pending miscellaneous petitions, if any, shall stand closed. Sd/-ramesh babu deputy registrar SECTI //TRUE COPY// OFFICER To, 1. One CC to M/s. Shaik Omer Qaiyum Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]"^ Two CCs to GP for Municipal Administration & Urban Developmentf High Court of Andhra Pradesh. [OUT] One CC to Sri A.S.C.Bose, SC for Municipal Corporation. [OPUC] Two CD Copies. 2. 3. 4. 5. HIGH COURT DATED:01/08/2025 ORDER WP No.19791 OF 2025 19 AUG 2025 )g SS; * gfaa CLOSING THE WRIT PETITION WITHOUT COSTS