IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 28268 OF 2024 Between: Choppa Ramachandra Reddy, S/o. Narasimha Reddy, Aged about 57 years, R/o. D.No.22-11-97/3, Durga Nagar Colony, Gollavanigunta, Tirupati town and District. / ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Administration and Rural Development Department, A.P.Secretariat , Velagapudi, Amaravathi, Guntur District. 2. TheTirupati Municipal Corporation, Rep by its Commissioner, Tirupati, Tirupati District. 3. S.Parvathi, W/o. S.Subramanyamnaidu, R/o. Ramasamudram village, Tirumalakuppam post, Puttur Mandal, Chittoor District. 4. N.Varalakshmamma, W/o. N.Balaramanaidu R/o. Aranyamkandriga village and post, Puttur Mandal, Chittoor 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 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 respondent no.2 in allowing the respondents no.3 and 4 in proceeding with the construction works in Sy.no.65/1 and Sy.no.65/3 an extent of Ac.1.51 cents of Gollavanigunta village, Akkarampalli group, Tirupati urban mandal, Tirupati District as illegal, arbitrary, unjust and improper and consequently direct the 2 nd respondent to remove the unauthorized construction made by the respondents no.3 and 4 in Sy.no.65/1 and Sy.no.65/3 an extent of Ac. 1.51 cents of Gollavanigunta village. JiOF 2024 t.- itibn under Section 151 CPC praying that in the circumstances sfate'd in the affidavit filed in support of the petition, the High Court M.- u f: may be pleased to direct respondent not to allow the respondents no.3 and 4 to proceed with further construction in Sy.no.65/1 and Sy.no.65/3 an extent of Ac. 1.51 cents of Gollavanigunta village, Akkarampalli group, Tirupati urban mandal, Tirupati District pending disposal of the above writ petition. Counsel for the Petitioner : SRI P. GANGA RAMI REDDY ^ Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI A.S.C BOSE, SC FOR MUNICIPALITY Counsel for the Respondent Nos.3 & 4 : SRI N. ASHWANI KUMAR The Court made the following: ORDER 1 4 APHC010540462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28268/2024 Between: ...PETITIONER Choppa Ramachanclra Reddy AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1.P GANGA RAMI REDDY Counsel for the Respondent(S): 1.N ASHWANI KUMAR 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 f ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief; “...to issue a writ, order or direction more particuiariy one in the nature of a writ of mandamus or any other appropriate writ order or direction declaring the action of respondent No. 2 in allowing the respondent Nos. 3 and 4 in proceeding with the construction works in Sy.No.65/1 and Sy.No.65/3 an extent of Ac. 1.51 cents of Gollavanigunta village, Akkarampalli group, Tirupati Urban Mandal, Tirupati District as illegal, arbitrary, unjust and improper and consequently direct the 2'"'^ respondent to remove the unauthorized construction made by the respondent Nos. 3 and 4 in Sy.No. 65/1 and Sy. No. 65/3 an extent of Ac. 1.51 cents of Gollavanigunta village... ” The case of the petitioner is that he has purchased the land in Sy.No.65/1 and Sy.No.65/3 to an extent of 1.51 cents of Gollavanigunta village, Akkarampalli group, Tirupati Urban Mandal, Tirupati District under registered sale deeds. While the matter being so, the respondent Nos.3 and 4 along with one T.Rangaiah Naidu and 17 others filed a suit vide O.S.No.345 of 2006 on the file of the Principal Senior Civil Judge, Tirupati as against the petitioner herein seeking permanent injunction. The said suit was decreed and the same was further confirmed in the appeal. Matter being so, respondent Nos.3 and 4 along with some unsocial elements tried to enter into the subject land along with JCB and tractors and tried to demolish the compound wall of the petitioner’s property. As such, the petitioner gave a complaint to the Superintendent of Police, Tirupati and Circle Inspector of 2. various 3 Police, Alipiri, tirupati on 11.11.2024. In pursuance of which, respondent Nos.3 and 4 have started to dig a pit and started construction in the subject land. On 18.11.2024, the petitioner has made a complaint to respondent No.2 requesting him to take action as against the illegal constructions made by respondent Nos.3 and 4. As no action has been initiated so far, the present writ petition is filed. The learned counsel representing unofficial respondent Nos.3 and 4 has filed a memo dated 30.12.2024 bringing it to the notice of this Court that in pursuance of the complaint made by the petitioner on 18.11.2024, respondent No.2 has issued show cause notice to the unofficial respondents 11.12.2024 under Section 452(1) and 461(2) of APMC Act, 1995 and thereafter have also issued a notice No.384/1012/TPT/UC/2024 dated 14.12.2024 revoking the building permission given in favour of the unofficial respondents under Section 450 of APMC Act, 1955 and directed the unofficial respondent No.3 to remove the unauthorized construction in their site at her own cost. 3. on In view of the fact that respondent No.2 has already initiated action by duly giving a notice to the unofficial respondents on 14.12.2024 directing to remove the unauthorized constructions made by them, this Court feels it appropriate to dispose of the writ petition by directing respondent No.2 to initiate further course of action in pursuance of the notice dated 14.12.2024 in 4. 4 that the unofficial respondents do not proceed accordance with law and to see further with any constructions. 5. Accordingly, the Writ Petition is disposed of. No order as to costs. in the Writ miscellaneous applications pending, if any Consequently Petition, shall also stand closed. Sd/- K.J.RAJA BABU assistant registrar //TRUE COPY// SECTION OFFICER To, Velagapudi, Amaravathi, Guntur District, 2. The Commissioner, Tirupatii Municipal Corporation, Tirupati, Tirupati District. . Ganga Rami Reddy, Advocate [OPUC] and Urban Development, igh Court 3. OneCCto Sri P 4 Two CCS to GP for Municipal Admn ' 0 Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C. Bose. SC for Municipality (OPUC) 6. One CC to Sri N .Ashwani Kumar, Advocate (OPUC) 7. Three C.D. Copies. Cnr t 't HIGH COURT , DATED:03/01/2025 ORDER 12 MAR 2025 WP.No.28268 of 2024 X ^ . Current Section ^ DISPOSING OF THE W.P. WITHOUT COSTS