1 APHC010691722014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10143/2014 Between: T. Thirupathaiah ...PETITIONER AND Markapur Muncipality and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASULU KURRA Counsel for the Respondent(S): 1. B D MAHESWARA REDDY 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 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 a Writ/Order/Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 & 2 in not demolishing the illegal and unauthorized construction of respondents 3 & 4 situated in Sy.No.432 of Main Road, Poola Subbaiah Colony, Markapur pursuant to representations dt 20.05.2013 and 10.01.2014 of the petitioner illegal, arbitrary, without jurisdiction, contrary to provisions of A P Municipalities Act and in violation of Art 14 of the Constitution of India and consequently direct the respondents 1 & 2 to forthwith take action against the illegal and unauthorized construction of respondents 3 to 4 situated in Sy.No.432 of Main Road, Poola Subbaiah Colony, Markapur…” 2. The grievance of the petitioner is that though he has submitted representations on 20.05.2013 and 10.01.2014 informing the respondent Nos.1 and 2 that the unofficial respondent Nos.3 and 4 have made illegal and unauthorized constructions in Sy.No.432 of Main Road, Poola Subbaiah Colony, Markapur, no action has been initiated as against them. 3. Today when the matter came up for hearing, learned Standing Counsel for Municipality, has furnished a copy of instructions, wherein it is stated that the Sy.No.432 is having an extent of 8.8 acres and nearly 70 houses are located in the said Sy.No.432 and remaining is vacant land. On field 3 verification, the Municipal Town Planning officials didn’t find the houses of respondent Nos.3 and 4 and their whereabouts. On 16.03.2013 the Municipal Manager issued endorsement to the RTI application submitted by the petitioner informing that there was no approval for construction of building in Sy.No.432. 4. On a perusal of the affidavit as well as the documents filed by the petitioner, it can be understood that the petitioner except stating that respondent Nos.3 and 4 have made illegal constructions in Sy.No.432 have not specified the extent in which they have made those unauthorized or illegal constructions and on the other hand, the Markapur Municipality has already issued an endorsement on 16.03.2013 in pursuance of an application submitted by the petitioner under RTI Act informing no building permission was accorded to the unofficial respondents herein. In view of the same, this Court does not find any merits. 5. In the result, the Writ Petition is dismissed. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 12.02.2025 JLV