APHC010396782025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.^ WRIT PETITION NO: 20464 OF 2025 Between: Somisetty Jayaram Pavan Kumar, Rep. by his G.P.A., Somisetty Ramasubbaiah, S/o Venkata Subbaiah, aged 71 years, R/o.D.No.9/161, Thyagaraja Street, East Gudur, Gudur, Tirupathi District. ...PETITIONER - AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration, Secretariat, Velagapudi, Amaravathi. 2. The Director of Municipal Administration, Sri Krishna Enclave, 5*^ Lane, Annapurna Nagar, 4/7, Inner Ring Road, Gorantla-522034, Guntur District. 3. The Gudur Municipality, Rep. by its Commissioner, Gudur, Tirupathi District. 4. Gadamsetty Rajesh, S/o Rathnaiah, Aged Not knowh, R/o D.No.13/5, Kummari Veedhi, East Gudur, Gudur TQwn, SPSR Nellore District. 5. Gadamsetty Dhana Deepthi, W/o Solleti Suman Kumar, Aged Not known, R/o D.No.13/5, Kummari Veedhi, East Gudur, Gudur Town, SPSR Nellore District. ...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 pileased to issue an appropriate writ order or direction more particularly one in MANDAMUS declaring inaction of the official the nature of WRIT OF respondents in taking any action against the representation dt 01.07.2025 and further inaction of the official respondents in not taking any action against the illegal construction made by the 4'^ and respondents in their property which is on the northern side of Petitioners property in gross violation of the approved plan as illegal, arbitrary and Violation of provisions of The A.P. Municipalities Act, Art.14, 21 and 300-A of the Constitution of India and consequently to direct the 3rd respondent to consider the representation dt 01.07.2025 and take appropriate action against the illegal construction made by 4th and 5th Respondents in their property which is on the northern side of Petitioners property in gross violation of the approved plan. 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 to direct the 3'^'^ respondent to consider the representation dt:01.07.2025 submitted by the Petitioners and take appropriate action against the illegal construction made by 4**^ and 5“^ Respondents in their property which is on the northern side of Petitioner’s property in gross violation of the approved plan. ^ Counsel for the Petitioner: SRI MALIREDDY GOWTHAM Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.3: SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.4 & 5:— The Court made the following order: ¥ APHC010396782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20464/2025 Between: 1.SOMISETTY JAYARAM PAVAN KUMAR, REP. BY HIS G.P.A., SOMISETTY RAMASUBBAIAH, S/0 VENKATA SUBBAIAH, AGED 71 YEARS, R/O.D.NO.9/161, THYAGARAJA STREET, EAST GUDUR, GUDUR, TIRUPATHI DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, , REP.BY ITS.. PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, SRI KRISHNA ENCLAVE, 5TH LANE, ANNAPURNA NAGAR, 4/7, INNER RING ROAD, GORANTLA-522034, GUNTUR DISTRICT. 3.THE GUDUR MUNICIPALITY, REP.BY ITS.. COMMISSIONER, GUDUR, TIRUPATHI DISTRICT. 4.GADAMSETTY RAJESH, S/0 RATHNAIAH, AGED NOT KNOWN R/0 D.NO.13/5, KUMMARI VEEDHI, EAST GUDUR, GUDUR TOWN, SPSR NELLORE DISTRICT. 5.GADAMSETTY DHANA DEEPTHI, W/0 SOLLETI SUMAN KUMAR, AGED NOT KNOWN R/0 D.NO.13/5, KUMMARI VEEDHI, EAST GUDUR, GUDUR TOWN, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1 .MALIREDDY GOWTHAM Counsel for the Respondent(S); .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; 1 3 ORDER: The learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the 3'"' respondent in considering the petitioner’s representation dated 01.07.2025, wherein the petitioner brought to the notice of the 3'^'^ respondent the unauthorized construction undertaken by respondent Nos. 4 and 5. 2. It is submitted that respondent Nos. 4 and 5 have deviated from the sanctioned plan both in terms of the number of floors and the setbacks. The extended balcony of their construction is overlapping onto the petitioner’s land. In this regard, the petitioner submitted a representation dated 01.07.2025 to the 3^'* respondent, which has not been acted upon. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 3^^ respondent. 3. Notice to respondent Nos. 4 and 5 is dispensed with, as the writ petition is disposed off at the admission stage, directing the 3^*^ respondent to consider the 4. representation dated 01.07.2025 by duly issuing notice to the unofficial respondents. and to consider the same in accordance with law and pass a reasoned order within a period of six (06) weeks from the date of receipt of a copy of this order, serving a copy of the order to the petitioner. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- Wl.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTSON OFFICER To, 1. The Principal Secretary, Municipal Administration, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Director of Municipal Administration, Sri Krishna Enclave, 5*'^ Lane, Annapurna Nagar, 4/7, Inner Ring Road, Gorantla-522034, District. Guntur 3. The Commissioner, Gudur Municipality, Gudur, Tirupathi Distri^ 4. One CC to Sri Malireddy Gowtham, Advocate [OPUC] 5. One CC to Sri G. Lakshmi Narayana, SC for Municipalities[OPlJ C] 6. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Two CD Copies. I \ ssb \ HIGH COURT DATED:05/08/2025 ORDER WP No.20464 OF 2025 DISPOSING OF THE W.P. AT THE STAGfe OF ADMISSION WITHOUT COSTS