IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 845 OF 2025 Between: years, Occ: Dadi Ravindra Kumar, S/o. Mohan Rao, aged about 63 Cultivation, R/o. A. Konduru Village and Mandal, NTR District. ...PETITIONER AND The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Amaravati, Guntur District. The Tiruvuru Nagara Panchayat, Tiruvuru, NTR District. Town Planning Officer, Tiruvuru Nagara Panchayath Tiruvuru, NTR District. Shaik Roshanalli, S/o. Shamshar Ali, Aged about 49 years, Occ: Business, R/o. Door No. 18-108, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District. Shaik Abidha Begum, W/o. Roshcinalli, Aged about 42 years, Occ; Household, R/o. Door No. 18-108, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District. 1. 2. 3. 4. 5. ...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 pleased to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents 2 and 3 in not initiating any action for preventing illegal construction in the premises in Door No. 18-108 and 18-109, R.S.No. 241/2A, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District, inspite of petitioner representations dated 18-05-2024, 25-05-2024 and 11-07-2024 as illegal. arbitrary and violative principles of natural justice and contrary to the section 218 of A.P. Municipalities Act and consequentially direct the respondents 2 and 3 to consider the petitioner representations dated 18-05-2t)24, 25-05-2024 and 11-07-2024 and stop and remove illegal " construction in the premises in Door No. 18-108 and 18-109, R.S.No. 241/2A, Nadim Tiruvuru,.Tiruvuru Nagara Panchayat, NTR District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 and 3 to considerthe petitioner representationsdated 18-05-2024, 25-05-2024 and 11-07-2024 and stop and remove illegal construction in the premises in Door No. 18-108 and 18- 109, R.S.No. 241/2A, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI SREENIVASA RAO VELIVELA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : Mrs. V. SIREESHA RANI, SC FOR MUNICIPALITY Counsel for the Respondent Nos.4 & 5 : NONE APPEARED The Court made the following: ORDER r 1 APHC010015532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 845/2025 Between; Dadi Ravindra Kumar ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.SREENIVASA RAO VELIVELA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 2.M SRI ATCHYUT The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; to issue an appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents 2 and 3 in not initiating any action for preventing illegal construction in the premises in Door No.18-108 and 18-109, R.S.N0.241/2A, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District, in spite of petitioner representations dated 18.05.2024, 25.05.2024 and 11.07.2024 as illegal, arbitrary and violative principles of natural justice and contrary to the Section 218 of A. P. Municipalities Act and consequentially direct the respondents 2 and 3 to consider the petitioner representations dated 18.05.2024, 25.05.2024 and 11.07.2024 and stop and remove illegal construction in the premises in Door No. 18-108 and 18-109, R.S.No.241/2A, Nadim Tiruvuru, Tiruvuru Nagara Panchayat, NTR District ” Brief facts of the case are that; 2. a) The petitioner is the absolute owner of property admeasuringAc.0-10 cents with a thatched house (Door No.18-108) and round hut (Door No.18- 109) in R.S.N0.241/2A, Nadim Tiruvuru, Tiruvuru Nagar Panchayat, NTR District. The petitioner also purchased an additional Ac.0-22 72 cents. including a tin sheet house (Door No.18-110), from Konambotia Krishna Murthy in 1990. Later, the petitioner sold an extent of Ac.0-10 cents with the tin sheet house (Door No.18-110) to Repani Venkateswara Rao in 2023 leaving an extent of Ac.0-12 >2 cents with the petitioner. The petitioner leased the thatched house to respondent No.4. b) Respondents Nos.4 and 5, along with the grandmother of respondent No.4, being tenants of the property, became irregular in paying rent and have falsely claimed that he is the owner of the property under a gift deed from his grandmother, though he has no right or interest over the subject property. As such, the petitioner filed O.S.No.155 of 2024 for declaration of title and injunction, which is still pending adjudication. c) Upon observing illegal constructions made by respondents Nos.4 and 5, the petitioner submitted a representation on 17.05.2024 to respondent No.2 to prevent such illegal constructions. When no action was taken, the petitioner issued a legal notice on 25.05.2024 to respondent No.2 requesting not to grant any building permission and as well as to stop illegal constructions. Despite these efforts, respondents Nos.4 and 5 continued illegal activities and hence, the petitioner submitted another representation on 22.07.2024. d) It is further submitted that Section 228 of the A.P. Municipalities Act provides detailed procedure to be followed in dealing with illegal constructions or constructions in deviation to sanctioned plans, if any. respondents Nos.2 and 3 neither initiated any action nor stopped the construction activities. Therefore, the petitioner has filed this writ petition. However, Heard the learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Ms.Sireesha Rani, learned Standing Counsel for respondent Nos.2 and 3. “ ’ 3. IP w 4 * 4. During hearing, learned Standing Counsel for respondent Nos.2 and 3 furnished a copy of instructions of the Commissioner, Tiruvuru Nagarpanchayat, dated 30.01.2025, wherein it is stated that the Municipal staff are continuously supervising the said disputed site. As on 09.01.2025, no work was going on in the said premises. But, however, on 12.01.2025, being a Sunday, respondent No.4 herein commenced the works and on identifying the same, the Municipal staff has immediately stopped the work. Furthermore, the office of the Nagara Panchayat, Tiruvuru issued notice on 20.01.2025 to respondent No.4 directing him to stop the work or else action will be taken in accordance with rules in force, and responding to the said notice, respondent No.4 has stopped the work. At present, no work is going on in the premises. To the extent of the said submissions, that the Municipal staff has inspected the disputed premises, the respondent authorities also filed photographs. 5. It is thus clear that respondent Nos.2 and 3, after identifying certain short falls, have issued an order on 22.03.2024 to stop work. In spite of the same, as respondent No.4 has continued further constructions, on 12.01.2025, a further notice was given on 20.10.2025 to respondent No.4 informing him that if he does not stop the work, action will be initiated in accordance with rules in force, responding to which, respondent No.4 has stopped the work. 6. In view of the same, respondent authorities are directed to initiate further action in pursuance of the notice dated 20.01.2025 as against 5 respondent Nos.4 and 5 in accordance with law after duly conducting an^ enquiry. Till such time the respondents No.2 and 3 are directed to see that respondents No.4 and 5 shall not proceed with further constructions without complying with the shortfalls as identified by respondents No.2 and 3. 7. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- IV!. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. The Tiruvuru Nagara Panchayat, Tiruvuru, NTR District. 3, Town Planning Officer, Tiruvuru Nagara Panchayath Tiruvuru, NTR District. 4. One CC to Sri Sreenivasa Rao Velivela, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] 6. One CC to Mrs. Sireesha Rani, SC for Municipality (OPUC) 7. One CC to Sri M. Sri Atchyut, Advocate (OPUC) 8. Three C.D. Copies. Cnr HIGH COURT DATED:30/01/2025 ORDER WP.No.845 of 2025 r. X 2 1 FEB 2Q25 ^ Curreni secuon PesPATCVA^^ rr. DISPOSING OF THE W.P. WITHOUT COSTS