IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31386 OF 2024 Between: S Javeeda Basha, S/o. Late Khadhar Basha, Aged about 33 years, R/o. D.No. 11/252, Mangala Rama Bhadhrappa Street, Kadapa, Kadapa District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Municipal Administration, Secretariat, Amaravati, Andhra Pradesh. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Revenue Divisional Officer, Kadapa, YSR Kadapa District. 4. The Tahsildar, Kadapa, YSR Kadapa District. 5. The Kadapa Municipal Corporation, Rep by its Commissioner, Kadapa, Kadapa YSR Kadapa District. 6. P.Subbamma, W/o. P.Sreenivasulu, Aged about 40 years, Mangala Rama Bhadhrappa Street, Kadapa, YSR Kadapa District. 7. Syed Yasmeen Peer, S/o. Late Syed Mohammed Saheb . Aged about 49 years, R/o. D.No. 11/251, Mangala Rama Bhadhrappa Street, Kadapa, Kadapa District. 8. S.D. Anwar Basha, , S/o. S.MahaboobSahed, Aged about years, R/o. D.No. 11/243, Mangala Rama Bhadhrappa Street, Kadapa, Kadapa 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 be pleased to issue may an appropriate order, writ or direction, more particularly in the nature of writ of Mandamus declaring the action of the official respondents herein more particularly Respondent No,5 in allowing the illegal and arbitrary constructions pending adjudication of the civil suit O.S. No. 1040 of 2024on the file of the learned Principal Junior Civil prohibiting the ingress and one Judge, Kadapa egress by blocking and raising illegal and unauthorized constructions adjoining the ABCD portion of the plaint plan and also the public pathway/road/rasta situated in the S.S. No.s 189 and 191 of Mangala Rama Bhadrappa Street, Municipal area Kadapa, Town pursuant to the endorsement dated Ward No.11, Kadapa, Kadapa District 20-12-2024 vide KDP 20241216711 as illegal, arbitrary, unjust and violative of principles of natural Justice besides being violative and 300 A of Constitution of India of Articles 14,19,21 and provisions of the Municipal Corporation Act, 1955 and consequently direct the official respondents to forthwith stall the illegal constructions which are being raised in S.S. No.s 189 and 191 of Mangala Rama Bhadrappa Street, Municipal area Kadapa, Town Ward No.11, Kadapa, Kadapa District which includes rasta/road/public road i.e., ABCD portion and remove all the illegal constructions if any by setting aside the endorsement dated 20-12- 2024 vide KDP 20241216711 in the interests of Justice. lA NO: 1 OF 2C)9d Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be ‘pleased to direct the official respondents to forthwith stall the illegal constructions which are being raised in S.S. No.'s 189 & 191 of Mangaia Rama Bhadrappa Street, Municipal area Kadapa, Town Ward No. 11, rasta ABCD and remove all the any pending disposal of the Writ Petition in the Kadapa, Kadapa District which includes illegal constructions if interest of justice. Counsel for the Petitioner: SRI. M SRI ATCHYUT Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI A S C BOSE MUNICIPALITIES SC FOR The Court made the following order: 1 APHC010602112024 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: 31386/2024 Between: S Javeeda Basha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M SRI ATCHYUT Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 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 an appropriate order writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the official respondents herein more particularly Respondent No. 5 in allowing the illegal and arbitrary constructions pending adjudication of the civil suit O.S.No.1040 of 2024 on the file of the learned Principal Junior Civil Judge, Kadapa prohibiting the ingress and egress by blocking and raising illegal and unauthorised constructions adjoining the ABCD portion of the plaint plan and also the public pathway/road/rasta situated in the S.S.Nos.189 and 191 of Mangala Rama Bhadrappa Street, Municipal area Kadapa Town, Ward No 11, Kadapa, Kadapa District pursuant to the endorsement dated 20.12.2024 vide KDP 20241216711 as illegal, arbitrary, unjust and violative ofprinciples of natural Justice besides being violative of Articles 14, 19, 21 and 300-A of Constitution of India and provisions of the Municipal Corporation Act, 1955 and consequently direct the official respondents to forthwith stall the illegal constructions which are being raised in S.S.Nos.189 and 191 of Mangala Rama Bhadrappa Street, Municipal area Kadapa Town, Ward No 11 Kadapa, Kadapa District which includes rasta/road/public road i.e., ABCD portion and remove all the illegal constructions if any by setting aside the endorsement dated 20.12.2024 vide KDP 20241216711..." 3 Today when the matter came up for hearing, Mr.A.S.C.Bose, learned " Standing Counsel for Municipal Corporation, has furnished a copy of written 2. instructions of City Planner, Kadapa Municipal Corporation dated 02.01.2025 wherein it is stated that the petitioner approached their office on 16.12.2024 and filed a Public Grievance Redressal application complaining that the Maremma Temple, has been encroached upon in Survey No.189 during the temple’s construction. In response to such complaint, the office staff specifically the town surveyor, conducted a site inspection and reported that the Maremma Temple was not encroached upon Survey No. 189 of Mangala Rama Bhadrappa Street. The actual encroachment was found to have been made by Arifunnissa at D.No.11/250, extending 2 feet on one side and 1.6 feet on the other side. Thereafter, the office has instructed the property owner i.e., Arifunnissa to remove the encroached portion which was constructed 20 years ago. The said instructions would establish the fact that it is the said 3 Arifunnissa, who has encroached the property who is residing adjacent to the Maremma Temple but not the authorities of the Maremma Temple. However, the learned Standing Counsel has stated that as of now no notice has been served on Arifunnissa for making such encroachments, except orally informing her to remove the said encroachments. th In view of the same, the writ petition is disposed of, directing the 5 4. respondent to issue notice to the said S.Arifunnissa, who has encroached 4 Sy.Nos.189 and 191 of Mangala Rama Bhadrappa Street, Municipal area Kadapa Town, Ward No.11, Kadapa, Kadapa District for making illegal constructions and initiate appropriate action in accordance with law. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. SD/- K. TAT.A RAO DEPUTY REGISTRAR //TRUE COPY// /r ' SECTION OFFICER To, The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat, Amaravati, Andhra Pradesh. 1. The District Collector, Kadapa, YSR Kadapa District. 2. fi The Revenue Divisional Officer, Kadapa, YSR Kadapa District. 3. The Tahsildar, Kadapa, YSR Kadapa District. 4. The Commissioner, Kadapa Municipal Corporation, Kadapa, Kadapa YSR Kadapa District. 5. One CC to Sri. M Sri Atchyut Advocate [OPUC] 6. One CC to Sri. ASC Bose SC for Municipalities [OPUC] 7. Two CCs to GP for Municipal Admin Urban Dev, High Court Of Andhra Pradesh. [OUT] 8. 9. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. GSC !■ HIGH COURT DATED:03/01/2025 ORDER WP.No.31386 of 2024 o S '3 1 JAN 2W5 Co > ^ . Current Section: i> DISPOSING OF THE WP WITHOUT COSTS