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High Court of Andhra Pradesh · body

2025 DAILYLAW 35147 (AP)

SYED SHAMSHER v. THE STATE OF ANDHRA PRADESH

WP/28937/2025 · 2025-10-22

T C D Sekhar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010554422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28937 OF 2025 Between: 1. SYED SHAMSHER, SYED SHAMSHER, S/O SYED IBRAHIM SAHEB AGED 61 YEARS, OCC BUSINESS, RESIDENT OF DOOR NO.2-3- 388/2, K.V. LAYOUT, TIRUPATI. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATI, TIRUPATI DISTRICT. 3. THE SUPERINTENDENT OF POLICE, TIRUPATI, TIRUPATI DISTRICT. 4. THE TIRUPATI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, TIRUPATI, TIRUPATI DISTRICT. 5. THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATI, TIRUPATI DISTRICT. 6. ASSISTANT COMMISSIONER ENDOWMENT DEPARTMENT, COLLECTORATE, TIRUPATI, TIRUPATI DISTRICT. 7. THE OFFICERS SOCIAL AND CULTURAL CLUB, TIRUPATI, REP.BY ITS PRESIDENT AND SECRETARY, NARASIMHATEERTHAM ROAD, TIRUPATI, TIRUPATI DISTRICT. ...RESPONDENT(S): 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 toPleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in respect of my representations dated 12.09.2025, 15.09.2025 and 29.09.2025 for removing of the unauthorized and illegal construction made by the 7th respondent in Tirupati Town, Survey No. 949, Tirupati Urban, K.V.Layout, Narasimhateertham Road, which is an extent of Ac.0.09 cents belongs to the original assignees Tirupati District. As it is in violation to the orders passed in W.P No. 12947 of 2022 and the decree and judgement in O.S. No.481 of 2003 which is highly illegal, arbitrary, improper and non-application of mind and violation of Principles of Natural Justice apart from violate of Article 14,16 and 21 of the Constitution of India and consequently direct the respondents to stop the said construction immediately without any further delay which is carried out by the 7th respondent herein or otherwise if it is completed it may leads to further complication, and pass IA 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 Pleased to direct the respondents to consider the representations dated 12.09.2025, 15.09.2025 and 29.09.2025 submitted by the petitioner for removal of the said unauthorized construction in Tirupati Town, Survey No. 949 at K.V.Layout, Narasimhateertham Road, Tirupati, presently Tirupati District, which is an total extent of Ac.0.09 cents pending main Writ Petition and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR ENDOWMENTS 4. GP MUNCIPAL ADMN AND URBAN DEV AP THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28937 OF 2025 The Court made the following order: After arguing the matter for some time, the learned counsel for the petitioner seeks permission of this Court to withdraw the present writ petition by granting liberty to the original assignees to file appropriate writ petition. The request of the petitioner is accepted. Accordingly, the present writ petition is dismissed as withdrawn by granting liberty to the original assignees to file appropriate writ petition, if they are so advised. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Date: 23.10.2025 BSK 08 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 28937 OF 2025 Date: 23.10.2025 BSK