IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 1340 OF 2025 Between: Gudapati Durga Varada Bhujanga Rao, S/o. Panduranga Rao, Aged about 65 years, Occ: Senior citizen, Palakollu town and Mandal, West Godavari District. ...PETITIONER AND 1. The state of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration Department A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, BhimavaramWest Godavari District. 3. The Palakol Municipality, Rep.by its Commissioner, Palakol, West Godavari District. 4. The Town planning officer, PalakolluMunicipality West Godavari 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 Writ of Mandamus to declare the inaction of the Respondents No.3 and 4 to take legal action on petitioner Representations dt 9.12.2024 andl7.12.2024 to stop the illegal and unauthorized commercial complex constructions at opp Sree Ksheera Ramalingeswaraswamy temple and the neighbor shop of the Radha medical and general stores at Palakollu town and Mandal West Godavari District is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and violation of the section 217,228,340 and 344 of the APMC Act and violation sec.452(1) and 461 (2) R/w sec 428,429 of APMC Act and under sec 89(3) of APMR and UDA Act 2016 and also violation of Principles of Natural Justice and consequently direct the Respondents to stop the illegal and unauthorized commercial complex constructions at oppsree Ksheera Ramalingeswaraswamy temple and the neighbor shop of the Radha medical and general stores at Palakollu town and mandal west Godavari district on petitioner representations/ complaints dt 9.12.2024 and17.12.2024 by following the due procedure under law. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to stop the illegal and unauthorized commercial complex constructions at opp sree ksheera Ramalingeswaraswamy temple and the neighbor shop of the Radha medical & general stores at Palakollu town and Mandal West Godavari District on petitioner representations/ complaints dt 9.12.2024 &17.12.2024 by following the due procedure under law. Counsel for the Petitioner: SRI V. VIJAYA VARDHAN Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR REVENUE Counsel for the Respondent Nos.3 & 4 : Mrs. V. SIREESHA RANI, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010021542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1340/2025 Between: ...PETITIONER Gudapati Durga Varada Bhujanga Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VVIJAYA VARDHAN Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- "...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus Mandamus to declare the inaction of the Respondents No.3 and 4 to take legal action on petitioner Representations dt.9.12.2024 and 17.12.2024 to stop the illegal and unauthorized commercial complex constructions at opp. Sree Ksheera Ramalingeswaraswamy temple and the neighbor shop of the Radha medical & general stores at Palakollu town and Mandal, West Godavari District is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) of Constitution of India and violation of the section 217, 228, 340 and 344 of the APMC Act and violation sec 452(1) and 461 (2) RJw sec 428, 429 of APMC Act and under sec 89(3) of APMR and UDA Act 2016 and also violation of Principles of Natural Justice and consequently direct the Respondents to stop the illegal and unauthorized commercial complex constructions at oppsree Shkeera Ramalingeswaraswamy temple and the neighbor shop of the Radha medical and general stores at Palakollu town and Mandal west Godavari district on petitioner representations/ complaints dt.9.12.2024 & 17.12.2024 by following the due procedure under law and pass... ” The case of the petitioner is that some third parties have started illegal and unauthorized construction of Commercial Complex opposite to Sri Shkeera Ramalingeswara Swamy temple and a neighbor shop in the name and style of Radha Medical & General Stores at Palakollu Town and Mandal, West Godavari District by digging tank at the main road drain. The grievance of the petitioner is that the said construction is made without leaving any parking place and if the construction of the said commercial complex is completed, the public will face traffic issues and drainage problems in the said area. Alleging the same, the petitioner had submitted representations dated 09.12.2024 and 17.12.2024, to the respondent-authorities requesting them to initiate necessary action against the said construction in the public interest. 2. mam But, no action has been taken by the respondents. Aggrieved by the inaction of the respondents, the petitioner filed the present writ petition. Heard Sri V.Vijaya Vardhan, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondentNo.1, learned Government Pleader for Revenue appearing for respondent No.2, Ms. V.Sireesha Rani, learned Standing Counsel appearing for the respondent Nos.3 & 4 and perused the material available on record. 3. Today when the matter came up for hearing, Ms. V.Sireesha Rani, learned Standing Counsel appearing for the respondent Nos.3 & 4, has furnished a copy of instructions vide Roc.No.35/2025/G1, dated 10.01.2025, issued by the Commissioner, Palcole Municipality, wherein it is stated that the representations dated 09.12.2024 and 17.12.2024, submitted by the petitioner has been considered by the respondents and to that effect they have also issued replies on 17.12.2024 and 06.01.2025, by duly clarifying that action had already been initiated regarding the deviations made by the building owner to the approved plans and notices have already been issued to the building owner under Section 217 of the Municipal Act and appropriate measures are being taken in accordance with law. It is further stated that the respondent-office is in the process of filing a Criminal Case before the First Class Magistrate Court seeking conviction to the building owner regarding the deviations that are made in the approved plan for the subject construction. 4. 5. On a perusal of the instructions submitted by the learned Standing Counsel, it can be clearly understood that the respondent authorities have considered the representations dated 09.12.2024 and 17.12.2024 and replies were also given to the petitioner on 17.12.2024 and 06.01.2025 by duly informing that they have identified the deviations made by the building owner and to that effect notices were also issued to the building owner under Section 217 of the Municipal Act and further the respondent-officejs in the process of filing a Criminal Case before the First Class Magistrate Court seeking conviction to the building owner regarding the deviations. In view of the same, this Court feels it appropriate to dispose of the writ petition in the admission stage itself by directing the respondents to initiate further course of action in pursuance of the notices that are issued to the building owner under Section 217 of the Municipal Act by the respondent- authorities. The said process shall be completed within a period of three (03) months from the date of receipt of a copy of the order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand 7. closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE 6,^ N OFFICER To 1. The Principal Secretary, Municipal administration Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. The District Collector, BhimavaramWest Godavari District. The Commissioner, Palakol Municipality, Palakol, West Godavari District. The Town Planning officer, PalakolluMunicipality West Godavari District. One CC to Sri V. Vijaya Vardhan, Advocate [OPUC] Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] One CC to Mrs. V. Sireesha Rani, SC for Municipality (OPUC) Three C.D. Copies. 2. 3. 4. 5. 6. 7. 8. 9. Cnr HIGH COURT DATED:23/01/2025 ORDER WP.No.1340 of 2025 o\ 0 6 FEB 2025 mi! f . Current Section ^ DISPOSING THE W.P. WITHOUT COSTS