IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20380 OF 2024 Between: A.Kumaramma, W/o D.Krishna Murthy, Aged about 45 years, R/o 18-1-784 Venugopal nagar, Ananthapuramu, Ananthapuramu District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Administration and Urban Development Department, A.P.Secretariat , Velagapudi, Amaravathi, Guntur District. 2. The Ananthapuramu Municipal Corporation, Rep.by its Commissioner, Ananthapuramu. 3. K.Shashikala, W/o L. Maheswara Reddy, aged about 40 years, R/o D.No. 12-4-569-9, Flat no.301, Sri Raghava Enclave, Adarsh Nagar, Ananthapuramu, Ananthapuramu District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus or any Other appropriate writ, order or direction declaring the action of the 2nd respondent in not taking action on the representation Dated 22-08-2024 and 29-08-2024 of the petitioner for the removal of illegal and unauthorized construction in plot no. 12 in Sy.No.53/1-A of kakkalapalli village made by the 3rd respondent as illegal, arbitrary and consequently direct the 2nd respondent to remove the illegal and unauthorized construction in plot no. 12 in Sy.No.53/1-A of kakkalapalli village. lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to consider the representation Dated;29-08-2024 of the petitioner and remove the illegal and unauthorized construction in plot no. 12 in Sy.No.53/1-A of kakkalapalli village pending disposal of the above writ petition. Counsel for the Petitioner: SRI P GANGA RAMI REDDY Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI J DILEEP KUMAR (SC FOR ^ MUNICIPALITIES) Counsel for the Respondent No.3: SMT. MALLAVOLU NIKITHA The Court made the following: ORDER APHC010399162024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY JHE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20380/2024 Between: A.kumaramma ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PGANGA RAMI REDDY Counsel for the Respondent(S): 1.JDILEEP KUMAR 2.MALLAVOLU NIKITHA 3.GPMUNCIPAL ADMN AND URBAN DEVAP The Court made the following: & ORDER. This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “...Jo issue a writ order or direction more particularly one In the nature of a writ of mandamus or any Other appropriate writ order or direction declaring the action of the 2nd respondent in not taking action on the representation Dated 22082024 and 29082024 of the petitioner for the removal of illegal and unauthorized construction in plot no 12 in Sy No 53/1A of kakkalapalli village made by the 3rd respondent as illegal arbitrary and consequently direct the 2nd respondent to remove the illegal and unauthorized construction in plot no 12 in Sy No 53/1A of kakkalapalli village and pass” The petitioner herein has purchased a house plot No. 12 admeasuring to an extent of Acs.0.05 cents in Sy.No.53/1A situated at Kakkalapalli, Ananthapuramu Municipality vide document No.2346/2015, dated 02.03.2015. While so, when the petitioner intended to construct a house in the said land, he went to the aforesaid land along with surveyor for fixing boundaries, where he found the 3'^'^ respondent is making constructions in the 2. said plot No. 12. Aggrieved by the same, the petitioner has submitted a respondent on 22.08.2024 informing the illegal nd representation to the 2 construction made by the 3'^^ respondent in plot No. 12 in Sy.No.53/1-A. nd respondent has issued a notice dated 24.08.2024 Subsequently, the 2 directing the 3'^'^ respondent to produce the documents within 7 days. Thereafter on 27.08.2024, the petitioner has again submitted a representation respondent requesting to conduct survey of Sy.No.53/1A of Kakkalapalli. Accordingly, vide Rc.No.3504/2024-G1, dated 29.08.2024; the 2"'^ respondent has directed the Assistant Director of Survey and Land nd to the 2 rv. s Records, Ananthapuramu to conduct the survey of the said area. In spite of the same as no action was initiated, the petitioner has submitted another representation on 29.08.2024 to the 2'^'^ respondent with a request to remove the illegal construction being made by the 3^^ respondent in plot No. 12. Heard learned counsel for the petitioner, Mr. J.Dileep Kumar 3. learned Standing Counsel for respondent No.2 and Ms. M.Nikhila, learned counsel for respondent No.3. Today when the writ petition came up for hearing, learned 4. Standing Counsel has furnished a copy of instructions of the Assistant City Planner, Municipal Corporation, Ananthapuramu, wherein it is stated that in pursuance of the representations submitted by the petitioner, their office has issued an endorsement to the petitioner and the 3'^'^ respondent requesting to submit the relevant documents i.e. registered documents, linked documents latest EC, survey reports certified by Tahsildar vide Rc.No:3223/2024/G3 dated 24.08.2024 within seven days from the receipt of the said endorsement. It is further stated that a Mandal Surveyor was also deputed for the designated work with RCA1/283/2024, dated 04.09.2024 and thereafter, a survey report was also submitted on 24.10.2024, as per which plot 10 and 11 falls in Sy.No.53/IB which belongs to the 3^^ respondent herein. But, however, the said instructions do not specify the fact whether the respondents have passed any orders on the representations submitted by the petitionej>on 22.08.2024 and 29.08.2024. tr*s^ In view of the above, instead of keeping the writ petition pending 5. nd this Court feels it appropriate to dispose of the writ petition by directing the 2 respondent to pass appropriate orders on the representations submitted by the petitioner on 22.08.2024 and 29.08.2024 by giving a notice and an opportunity of hearing to the petitioner and as well as the 3^^ respondent. The said process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Accordingly, with the above direction, this writ petition is disposed 6. of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SES^ION-Ol^FICER To 1. The Principal Secretary, Municipal Administration and Urban Development Department, A.P.Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Commissioner, Ananthapuramu. Ananthapuramu 3. One CC to Sri P Ganga Rami Reddy Advocate [OPUC] 4. One CC to Sri J Dileep Kumar (SC for Municipalities) [OPUC] 5. One CC to M/s. Mallavolu Nikitha, Advocate [OPUC] Indhra''p%des°jOi:jTr"“'’'' 7. Three CD Copies Municipal Corporation TF HIGH^COURT DATED:06/01/2025 ORDER WP.No.20380 of 2024 DISPOSING OF THE W.P., WITHOUT COSTS