CHERUKURU SRIHARI, & 2 OTHERS, v. THE MUNICIPAL CORP., NELLORE DIST., & 2 OTHERS,
WP/35438/2014 · 2025-09-23
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47455 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47455 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010320212014
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35438/2014 Between:
1. CHERUKURU SRIHARI, & 2 OTHERS,, S/O VENKATA RAMANA, AGED 29 YEARS, OCC: BUSINESS, R/O 16/1/1822, KONDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT.
2. ARNKUMAR MURUGAN,, S/O MURUGAN, AGED 32 YEARS, OCC: BUSINESS, R /O FLAT NO. 501, ARCHID APARTMENTS, SARASWATHI NAGAR, NELLORE, SPSR NELLORE DISTRICT.
3. CHERUKUR SURESH,, S/O SESHAIAH, AGED 53 YEARS, OCC: BUSINESS, R /0 26/3/1650A, CHANDRAMOULI NAGAR, VEDAYAPALEM, NELLORE, SPSR NELLORE DISTRICT.
...PETITIONER(S) AND
1. THE MUNICIPAL CORP NELLORE DIST 2 OTHERS, REP. BY IT'S COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT.
2. THE COMMISSIONER, MUNICIPAL CORPORATION OF NELLORE, NELLORE, SPSR NELLORE DISTRICT.
3. THE SK KHAJA HUSSAIN, S/O NOT KNOWN, SERVICE OF NOTICE THROUGH THE COMMISSIONER, MUNICIPAL CORPORATION OF NELLORE, NELLORE, SPSR NELLORE DISTRICT.
-2- HN, J W.P.No.35438_2014
...RESPONDENT(S): 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 toto issue an order, writ or direction more particularly in the nature of a writ of Mandamus under article 226 of the constitution of India declaring the action of the respondents 1 & 2 in interfering with the construction of the building of the petitioners in plot No. 4 bearing door No. 24-6-2, Saraswati Nagar, Nellore City at the instance of the 3rd respondent as illegal and without jurisdiction and also violative of the provisions of Hyderabad Municipal Corporations Act, 1955 and consequently direct the respondents not to interfere with the construction of the building of the petitioners and pass such other
order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
IA NO: 1 OF 2014(WPMP 44333 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 1 & 2 not to interfere with the construction of the building of the petitioners in plot No. 4 door No. 24- 6-2, Saraswati Nagar, Nellore City and pass IA NO: 1 OF 2015(WPMP 7878 OF 2015 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner(S):
1. P SRIDHAR REDDY Counsel for the Respondent(S):
1. ANCHA PANDURANGA RAO
-3- HN, J W.P.No.35438_2014 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.35438 OF 2014
ORDER:
1. The petitioner filed the present writ petition aggrieved by the unilateral action of the respondents in attempting to interfere with the construction activities of the petitioners. This Court granted interim direction as prayed for vide order dated 21.11.2014.
2. The learned Standing counsel appearing for the respondents submits that the petitioners completed the construction and are residing there. It is further submitted that the respondent authorities are not interfering in the possession of the petitioners, and any further action against the petitioner shall be taken in accordance with law by following due process.
3. Recording the same, the present writ petition is closed. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.24.09.2025 NKA
-4- HN, J W.P.No.35438_2014 382 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 35438 of 2014 Date: 24.09.2025
NKA