IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 190 OF 2025 Between: 1. Paturi Gaja Lakshmi, W/o. Gopala Rao, Hindu, Aged about 70 years. Housewife, Flat No.523, Gadi Raju Empire, Behind Gadi Raju Palace Sector-11, MVP Colony, Visakhapatnam. 2. Paturi Gopi Kishore, S/o. Gopala Rao, Hindu, Aged about 50 years. Employment, Flat No.523, Gadi Raju Empire, Behind Gadi Raju Palace, Sector-11, MVP Colony, Visakhapatnam. ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by Principal Secretary, Municipal Administration Department, Secretariat Buildings Amaravathi. Nelapadu 2. The Rajamahendravaram Municipal Corporation, T . Commissioner, Rajamahendravaram, East Godavari District. Rep. by its 3. Chinnimilli Durga Prasad, S/o. Trinadha Rao, Hindu, Aged about 45 Nagar, Business, years. Rajamahendravaram, East Godavari District. R/o. D.No.52-6-1 Rajendra ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction more particularly in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not taking any steps on my complaint dated 24.08.2024 and one proposed to sanction approved plan for construction of structures in the site of unofficial respondents bearing D.Nos.42-8-13/1, 42-8-13, Rambha Vari Street, Near Railway Gate Dilipsingh Peta alias Kothapeta, Rajamahendravaram, without verifying the documents, actual extents and other material relating to our rights over the property, and not taking any action against unofficial respondent for construction of compound wall. structures by encroaching our property without obtaining approved plan illegal, irregular, arbitrary, violation of the principles of natural justice and also violation of the as provisions of the Greater Hyderabad Municipal Corporation, 1955 and Rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 2nd respondent to take appropriate action against the unofficial respondent for his high hand activities of raising structures without obtaining approved plan. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct 2nd respondent not to allow the unofficial respondent to raise structures in his site bearing D.Nos.42-8-13/1, 42-8-13, Rambha Vari Street, Near Railway Gate, Dilipsingh Peta alias Kothapeta, Rajamahendravaram including compound wall, pending disposal of the main writ petition. ' in the Counsel for the Petitioner: SRI MANGENA SREE RAMA RAO Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION) Counsel for the Respondent No.3: — The Court made the following: ORDER 1 ' •a APHC010606842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 190/2025 Between: ...PETITIONER{S) Paturi Gaja Lakshmi and another AND ...RESPONDENT(S) State of Andhra Pradesh and others Counsel for the Petitioner(S); 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 % ORDER: This Writ Petition is filed under Article 226 of the seeking the following relief: Constitution of India .... to issue a writ, order or a direction, more particulariy one in the nature of Writ of Mandamus, declaring the action of the 2"'' petitioners’ complaint dated 24.08 2024 and proposed to sanction plan for construction of structures in the site of unofficial respondents bearing D Nos 42-8- 13/ , 42-8-13, Rambha Vari Street, Near Railway Gate, Dilipsingh Heta alias Kothapeta, Rajamahendravaram, without verifying the documents, actual extents and other material relating to their rights over the property, and not taking any action against unofficial respondent for construction of compound wall, structures by encroaching property without obtaining approved plan from the Official respondents as illegal, irregular, arbitrary, violation of the principles of natural justice and also violation of the provisions of the Greater Hyderabad Municipal Corporation, 1955 and Rules framed thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and conseguently direct the 2"" respondent to take appropriate action against the unofficial respondent for his high p^an^^ f sfructures without obtaining approved 2. The petitioners are the owners of the house property bearing Door No.42-8-13/2, Rambha vari street, near Railway Gate, Dilipsingh peta alias Kothapeta, Rajamahendravaram. 3. The grievance of the petitioners is that the unofficial respondent No.3 has purchased a house property adjacent to their house property by way of the house is an old tiled 1®^ petitioner has respondent on 26.07.2024 and requesting for removal of the collapsed debris of the old house the unofficial respondent, which has been dumped in their property. As sale deeds in the years 2019 and 2022. But, however i ^ ; house, which is in the dilapidated condition. As such, the submitted representations to the 2^^ 12.08.2024, of no 3 action has been initiated by the official respondents, the petitioners have filed the present writ petition. Today, when the matter came up for hearing, learned Standing counsel 4. representing the 2'^^ respondent furnished a copy of instructions from the Commissioner, Municipal Corporation, Rajamahendravaram, dated 08.01.2025, wherein it is stated that they have already issued a notice under Section 456 of HMC Act, 1955 on 26.07.2024 directing the respondent to pulled down the building to prevent any danger to the inmates. In view of the same, this Court feels that no cause survives in this writ 5. petition. But, however, since no orders have been passed on the complaint nd respondent on 24.08.2024, requesting submitted by the petitioner to the 2 for removal of debris dumped in the petitioners’ property, this Court feels it appropriate to dispose of the writ petition by directing the 2"^ respondent to act upon the complaint made by the petitioner on 24.08.2024 within a period of four (4) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. There shall be 6. no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECrnON OFFICER To, 1. The Principlal Secretary, Municipal Administration Depatment, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Rajamahendravaram Municipal Corporation, Rajamahendravaram,East Godavari District. 3. One CC to Sri Mangena Sree Rama Rao Advocate [OPUC] 4. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A S C Bose (Sc for Municipal Corporation) Advocate [OPUC] 6. Three CD Copies TF V HIGH COURT DATED:09/01/2025 i- ORDER WP.No.190 of 2025 0 3 FEB 2025 mi col . Current Section DISPOSING OF THE W.P., WITHOUT COSTS