IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1106 OF 2025 Between: Modem Venkatramana, S/o. M.Chowdappa, Aged about 57 years R/o.D.No.3/86-1-1-4, Sai Ram Street, N^erugattivaripalle, Madanapalle Chittoor District (now Annamayya District) ...Petitioner AND The State of A.P, rep. by its PrI. Secretary, Revenue Department, A.P. Secretariat, Velagapudi, Amaravathi. The District Collector, Chittoor, Chittoor (Annamayya) District. The District Revenue Officer, Annamayya District, at Rayachoti. The Revenue Divisional Officer, Madanapalle Division, Chittoor (Annamayya) District. The Mandal Tahsildar, Madanapalle Mandal, Chittoor (Annamayya) District. 1. 2. 3. 4. 5. The Madanapalle Municipality, Rep. By Municipal Commissioner, Madanapalle, Chittoor District, (now Annamayya District). The Executive Engineer, APSPDCL, Madanapalle North- 517325. T.Koti Reddy, S/o. T.Pulla Reddy, Weavers colony, Neerugattuvari palle Madanapalle Town, Chittoor District, (Now Annamayya District). 6. 7. 8. 9. Vengala Uma Naresh, S/o.V.Venkata Ramana, Munneppa Colony, Neerugottuvaripalle, Madanapalle Mandal, Chittoor District, (Now Annamayya District). Modem Venkatesh, S/o. M.Venkataramana, Aged about 63- years, R/0.D.N0.3-146-64-12-E-7, Weavers Colony, Madanapalle, Chittoor (Annamayya) District. Modem Sreeramulu, S/o. M.Venkataramana, Aged about 59 years, R/o.D.No.3-79, Ramalayam Street, Madanapalle Town, Chittoor (Annamayya) District. Puram Alivelamma, W/o. Puram Sreenivasulu, Aged about 54 years, R/o.D.No.3-146-14-5, Neerugattuvaripalle, Madanapalle, Chittoor (Annamayya) District. Thotli Ramalakshmamma, W/o. T.Koti Reddy, Aged about 52 years, R/o.D.No.7-113, Thotivaripalle, Kotala Post, Thamballapalle Mandal, Chittoor (Annamayya) District. Madaka Ramadevi, W/o. M.Sahadeva, Aged about 50 years, R/O.D.NO.3-146-14-12-100A, Weavers Colony, Madanapalle Town, Chittoor (Annamayya) District. Puram Jayamma, W/o. Puram Munindra, Aged about 48 years, R/o.D.NO.3-146-14-12-100A, Weavers Colony, Madanapalle Town, Chittoor (Annamayya) District. 10. 11. 12. 13. 14. 15. (Respondents 10 to 15 are represented by their GPA Holder Modem Venkatesh i.e. 10th respondent herein) ...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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.6 in not taking further proceedings in pursuance notice mentioned in endorsement dated 06-05-2024 and demolish the buildings as illegal and arbitrary and consequently direct the said respondent to demolish the buildings constructed in Sy.No.105/3 situated in Madanapalle Municipality, now Annamayya District and further direct the 7th respondent disconnect the power supply to the buildings constructed in the above said survey number. to 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 respondent No.6 to demolish the buildings constructed in Sy.No.105/3 situated in Madanapalle Municipality, Now Annamayya District pending the Writ Petition in the interest of justice. lA NO: 2 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 7th respondents to stop the electrical power supply to buildings constructed in Sy.No.105/3 situated in Madanapalle Municipality, Annamayya District pending the Writ Petition in the interest of justice. now Counsel for the Petitioner: SRI. RAJA REDDY KONETI Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent Nos. 6: M/S SIREESHA RANI VALLABHANENI SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.7: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondent No. 10: SRI JITENDRA KANYALUR The Court made the following order: 1 APHC010017262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1106/2025 Between: ...PETITIONER Modem Venkatramana, AND ...RESPONDENT(S) The State Of A P and Others Counsel for the Petitioner: 1. RAJA REDDY KONETl Counsel for the Respondent(S): 1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.GP FOR REVENUE S.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 4.J1TENDRA KANYALUR 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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No. 6 in not taking further proceedings in pursuance notice mentioned in endorsement dated 06.05.2024 and demolish the buildings as illegal and arbitrary and consequently direct the said respondent to demolish the buildings constructed in Sy. No. 105/3 situated in Madanapalle Municipality now Annamayya District and further direct the 7'^ respondent to disconnect the power supply to the buildings constructed in the above said survey number... ” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. The case of the petitioner is that respondents 5 to 10 filed Appeal No. ROC 4171/2023 before the 3'^ respondent, challenging the Tahasildar’s order mutating the names of respondents 1 to 6 in IB and Adangal records for Khata Nos.36, 78, 66, 664, 164 & 285 of B.K. Palli Revenue Village on the ground that the disputed properties originally belonged to Modem Narappa, whose son Venkatappa acquired land in Sy.Nos.410/1, 410/2, 411, 106, and 105 through registered sale deeds in 1920 and 1921. Upon his demise, the properties devolved onto his sons Venkataramana and Narayana. A registered GPA (Doc.No.4702/2022, dated 03-06-2022) was executed in favor of Venkatesh to manage the properties. The petitioner’s father. Modem Chowdappa, was issued a Pattadar Passbook (Khata No.285) on 02-07-1997 3. 3 through succession. The revenue officers disregarded the registered transactions and mutated respondents' names without proper inquiry, prompting the appeal. As per the ROR Act, Pattadar Passbooks were granted in 1997 after due inquiry under Section 3(iii) and are subject to revision under Section 9. The unofficial respondents, challenging century-old successions, claim improper subdivisions. Respondents 9 & 10 have begun unauthorized construction in Sy.No.105/2 & 105/3. Despite formal notices, municipal authorities failed to act, and Respondent 7 illegally provided electricity certificates, warranting immediate connections without occupancy disconnection. The 6^^ respondent has filed a detailed counter, wherein it is stated that in pursuance of the complaint made by the petitioner, the Town Planning Staff of the 6^" respondent Municipality have identified an unauthorized construction raising by the father of the lO'" respondent at the time of their regular visit to the ward and immediately informed them to stop the unauthorized construction, and also previously the 6^^ respondent Municipality has issued notice to the respondent herein vide Notice No.33/1009/MDP/UC/20 24 to stop the construction immediately. 4. th It is further stated that even after repeated instructions from the 6 respondent Municipality, the 10‘^ respondent has continued the construction, then the 6*^ respondent Municipality has issued a provisional notice vide Notice NO.75/1009/MDP/UC/2024, Dt;28.06.2024, as per the A.P. Municipalities Act, 1965. After issuing provisional notice also, the 10 5. th V, 4 . Further, the 6^^ respondent respondent continued with the construction confirmation vide Notice order has issued a Municipality of the fact that even after NO.75/1009/MDP/UC/2024, Dt:02.08.2024. In view order, the 10^'^ respondent did not stop and continued receiving a confirmation unauthorized construction, the 6*" respondent has filed a charge with the sheet on the file of II Madanapalle vide C.F.R.No.348, Dt.17.08.2024 as per Section 340 of Andhra Additional Judicial Magistrate of First Class, \ Pradesh Municipalities Act, 1965. be understood that the On a perusal of the above fact, it can 6. respondents have already initiated action as against the respondent by the confirmation notice and duly issuing the provisional notice as well as thereafter as the 10 construction, the e'" respondent also filed a charge sheet on the file of the II of First Class, Madanapalle vide CFR No.348, respondent has not stopped the unauthorized th Additional Judicial Magistrate Dt.17.08.2024 But this Court is of the opinion unauthorized construction inspite of service respondent ought to have constructions against the 10'^ respondent. under Section 340 of Andhra Pradesh Municipalities Act, 1965. that when the 10^^ respondent continued the of confirmation notice, the 6 th taken action by demolishing the unauthorized made by the 10'"^ respondent by duly initiating criminal action as facts and circumstances, instead of keeping the writ petition pending, this Court is of thp opinion to dispose of the same by In view of the above 7. 5 directing the 6*^ respondent to initiate further action in pursuance of the confirmation order dated 02.08.2024, in accordance with law. 8. Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// rSECTION OFFICER To. The Prl. Secretary, Revenue Department, State of A.P, A.P. Secretariat Velagapudi, Amaravathi. 2. The District Collector, Chittoor, Chittoor (Annamayya) District. District Revenue Officer, Annamayya District, at Rayachoti. Revenue Divisional Officer, Madanapalle Division, Chittoor (Annamayya) District. Mandal Tahsildar, Madanapalle Mandal, Chittoor (Annamayya) 1. 3. The 4. The 5. The District. 6. The Municipal Commissioner, Madanapalle Municipality, Madanapalle Chittoor District, (now Annamayya District). Executive Engineer, APSPDCL, Madanapalle North- 517325. 7. The 8. One CC to Sri. Raja Reddy Koneti Advocate [OPUC] 9. One CC to Sri. Jitendra Kanyalur Advocate [OPUC] One CC to M/s Sireesha Rani Vallabhaneni SC for Municipal corporation [OPUC] 10. One CC to Sri. Venkata Rama Rao Kota SC for APSPDCL 11. [OPUC] Two CCs to GP for Revenue, High Court Of Andhra Pradesh. 12. [OUT] Three CD Copies 13. GSC HIGH COURT DATED:13/02/2025 ORDER WP.No.1106 of 2025 X 2 5 MAR 2025 ^ . Current Section ^ m DISPOSING OF THE WP WITHOUT COSTS