APHC010746192012 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Between: 1. M/S SRI LAKSHMI GANAPATHI ENGINEERING WORKS, (FORMERLY M/S LAKSHMI ENGINEERING CORPORATION), REP BY ITS PROPRIETOR, K. SUBRAHMANYAM, S/O SIVA RAMAKRISHNAIAH, AGED ABOUT: 61 YEARS, R/O. H. NO. 12 PANDURANGA PETA, TENALI 2. M/S SUDHA INDUSTRIES, REPRESENTED BY ITS PROPRIETOR,, GADDIPATI SESHAGIRI RAO, S/O VENKATARAMAIAH R/O D. NO. 11-3-62, KAILASH BHAVAN ROAD, CHENCHUPET, TENALI, GUNTUR DISTRICT. 3. SMT. K. VASUNDHARA, W/O K. SUBRAHMANYAM H. NO. 12 PANDURANGA PETA, TENALI 1. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS MANAGING DIRECTOR, 5 PARISRAMA BHAVAN, BASHEERBAGH, HYDERABAD 2. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS ZONAL MANAGER, INDUSTRIAL AREA, VIJAYAWADA 3. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS DEPUTY ZONAL MANAGER, AUTO NAGAR, GUNTUR IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15837/2012 M/S SRI LAKSHMI GANAPATHI ENGINEERING WORKS, (FORMERLY M/S LAKSHMI ENGINEERING CORPORATION), REP BY ITS PROPRIETOR, K. SUBRAHMANYAM, S/O SIVA RAMAKRISHNAIAH, AGED ABOUT: 61 YEARS, R/O. H. NO. 12 PANDURANGA PETA, TENALI - 522 202, M/S SUDHA INDUSTRIES, REPRESENTED BY ITS PROPRIETOR,, GADDIPATI SESHAGIRI RAO, S/O VENKATARAMAIAH R/O D. NO. 62, KAILASH BHAVAN ROAD, CHENCHUPET, TENALI, SMT. K. VASUNDHARA, W/O K. SUBRAHMANYAM H. NO. 12 PANDURANGA PETA, TENALI - 522 202, GUNTUR DISTRICT ...PETITIONER(S) AND THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS MANAGING DIRECTOR, 5-9-58/B, 6TH, FLOOR, PARISRAMA BHAVAN, BASHEERBAGH, HYDERABAD - 500 209. TRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS ZONAL MANAGER, INDUSTRIAL AREA, VIJAYAWADA THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS DEPUTY ZONAL MANAGER, AUTO NAGAR, GUNTUR IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA M/S SRI LAKSHMI GANAPATHI ENGINEERING WORKS, (FORMERLY M/S LAKSHMI ENGINEERING CORPORATION), REP BY ITS PROPRIETOR, K. SUBRAHMANYAM, S/O SIVA RAMAKRISHNAIAH, AGED ABOUT: 61 YEARS, R/O. H. NO. 12-3-9, M/S SUDHA INDUSTRIES, REPRESENTED BY ITS PROPRIETOR,, GADDIPATI SESHAGIRI RAO, S/O VENKATARAMAIAH R/O D. NO. 62, KAILASH BHAVAN ROAD, CHENCHUPET, TENALI, SMT. K. VASUNDHARA, W/O K. SUBRAHMANYAM H. NO. 12-3-9, 522 202, GUNTUR DISTRICT ...PETITIONER(S) THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, 58/B, 6TH, FLOOR, 500 209. TRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS ZONAL MANAGER, INDUSTRIAL AREA, VIJAYAWADA THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, REP BY ITS DEPUTY ZONAL MANAGER, AUTO NAGAR, GUNTUR 2 4. THE COMMISSIONER, A.P. INDUSTRIAL INFRASTRUCTURE CORPORATION LIMITED, INDUSTRIAL AREA LOCAL AUTHORITY, TENALI. 5. THE COMMISSIONER, TENALI MUNICIPALITY, GUNTUR DISTRICT 6. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARIAT, HYDERABAD. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. V V ANIL KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. RAMA CHANDRA RAO GURRAM 3. SHANTHI NEELAM The Court made the following: ORAL ORDER: Heard Sri V.V. Anil Kumar, learned Counsel for the Writ Petitioners, Sri Rama Chandra Rao Gurram, learned Standing Counsel for APIIC and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities. 2. The prayer sought in the present Writ Petition is as under: “For the reasons stated above it is prayed that this Hon’ble Court may be pleased to issue appropriate writ, order or direction more particularly in nature writ of Mandamus by declaring that respondent No.5 is not having jurisdiction over the Industrial Area Local Authority, Tenali and consequently direct the respondents not to interfere with the petitioners Industrial Shed / Plot bearing numbers 17, 18, 21 and 22 situated in A.P.I.I.C Industrial Area Local Authority, Tenali, Guntur District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” 3 3. Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Respondent No.5, has filed Counter-Affidavit on behalf of Respondent No.5, namely the Commissioner, Tenali Municipality, Guntur District. 4. Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for Respondent No.5, has also submitted the Written Instructions furnished by the Commissioner, Tenali Municipality, Guntur District, dated 25.07.2025. Copy of it is supplied to the Counsel for the Writ Petitioners and the same is taken on record. 5. Learned Counsel for the Writ Petitioners would submit that the relief is sought only against Respondent No.5, and therefore, the Petitioners did not press against Respondent Nos.1 to 4 and seek deletion of the same. 6. In view of the request made by the learned Counsel for the Writ Petitioners to delete Respondent Nos.1 to 4, this Court Orders deletion of Respondent Nos.1 to 4, inasmuch as the Writ Petitioners do not intend to press against the said Respondents. 7. The relevant portion of the Written Instructions is usefully extracted hereunder: “It is submitted that this Respondent never directly interfered with the affairs of the Industrial area Local Authority. It is fact that some public made complaints to this respondent informing about illegal structures made by the petitioners and some others in the roads of A.P.I.I.C. Layout L.P. No.57/80. The petitioners made illegal structures encroaching western side road of the layout L.P. No. 57/80 in Survey No.126 of Tenali situated in Tenali to Nara Koduru road. Accordingly, as per the powers delegated by the Government, the A.P.I.I.C. Authorities initiated action for removal of illegal constructions made by the petitioners and others. On the request made by A.P.I.I.C. Authorities, this respondent being a Local body has given support regarding supply of men and material to the A.P.I.I.C. for removal of illegal structures made on the roads by the Petitioners and some others duly encroaching Layout Road since the said A.P.I.I.C lay-out is situated in the limits of Tenali Municipality. 4 The Contentions of the petitioner that the respondents are interfering with the petitioners Industrial Shed / Plot bearing numbers 17, 18, 21 and 22 in A.P.I.I.C Industrial Area Local Authority are not true and correct. In fact, the petitioners encroached the western side road in the approved layout L.P No.57/80. This respondent never interfered with the industrial sheds situated in their said plots. This respondent has given support to the A.P.I.I.C. Authorities in removal of encroachments made by the petitioners on western side road of A.P.I.I.C. Layout. The petitioners suppressed the facts of encroachment of layout road by way of structures and approached the Hon'ble Court with false allegations and to obtain favourable orders to safeguard the said illegal structures made by them in the road portion.” 8. The above extract would indicate that the Respondent No.5, namely the Commissioner, Tenali Municipality, Guntur District, is not interfering with the Petitioners in any manner insofar as the Plot Nos.17, 18, 21 and 22 are concerned. 9. In view of the above extract, this Court deems it appropriate to dispose of this Writ Petition directing the Respondent No.5, namely the Commissioner, Tenali Municipality, Guntur District, not to interfere with the peaceful possession of the Writ Petitioner in respect of Plot Nos.17, 18, 21 and 22 except by due process of law. 10. It is clarified that this Court has not expressed anything with regard to the liability or the powers of Respondent Nos.1 to 4 in case if there is any encroachments. 11. With these observations and directions, the present Writ Petition is disposed of. No order as to costs. 12. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt: 06.08.2025 DSV 5 40 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15837/2012 06.08.2025 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 15837/2012 PROCEEDING SHEET Sl. No DATE ORDER Office Note 07. 06.08.2025 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 7