APHC010165622020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 10403/2020 Between: 1. YADDU NIRMALA JYOTHI, W/O. YEDDU SHASHIKANTH BHUSHAN, AGED ABOUT 50 YEARS, R/O. D.NO.53-1-36, CLOUGH PETA 3RD LINE, RAILWAY STATION, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH - 523001 2. YADDU SURELLTTHA, W/O. RAVIKANTH BHUSHAN YEDDU, AGED ABOUT 43 YEARS, R/O. H.NO.12-10-166, SECOND LANE, BESIDE DATHATHAREYA TEMPLE, SEETHAPHALMANDI, SECUNDERABAD, HYDERABAD, ANDHRA PRADESH - 500061 3. MUDURNALA RATNAMALA, W/O. VEERA VASANTHA RAVINDRA BABU, AGED ABOUT 51 YEARS, R/O. 1-2-25G2, NEAR ARNBEDKAR STATUE, MAMIDIPALEM, ONGOLE, PRAKASAM, ANDHRA PRADESH - 523001 ...PETITIONER(S) AND 1. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, DOOR NO. 5-1-1, 1ST LANE, BRODIPET, GUNTUR, ANDHRA PRADESH-522002. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, 4THBLOCK, GROUND FLOOR, ROOM NO135, A.P SECRETARIAT OFFICE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT, 2 HBKM,J W.P.No.10403 of 2020 ANDHRA PRADESH-534006. 4. THE JOINT COLLECTOR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 5. THE REVENUE DIVISIONAL OFFICER, ONGOLE, PRAKASAM DISTRICT. ANDHRA PRADESH. 6. THE TAHSILDAR, ONGOLE MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH-534437. 7. THE MUNICIPAL COMMISSIONER, ONGOLE, PRAKASAM, AP. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR MUNCIPAL ADMN URBAN DEV 3 HBKM,J W.P.No.10403 of 2020 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader appearing for the respondent Nos.2 to 6, the learned Assistant Government Pleader for the 1st respondent and the learned Standing Counsel for the 7th respondent. 2. This writ petition was filed questioning the action of the respondents in unauthorized interference with the petitioners’ peaceful possession and enjoyment of the fields covered by DKT Pattas No.1832/1416, 1833/1416 and 1834/1416 granted to the petitioners to an extent of Ac.0.04 cents, Ac.0.03 cents and Ac.0.03 cents in Sy.Nos.8 in Plot Nos.166, 167 and 168 respectively situated at Mamidipalem, Ongole Corporation, Prakasam District. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.2 to 6 relying upon the instructions of the 6th respondent dated 14.08.2025 submits that the 6th respondent has not interfered with the subject land and the land is not under possession and enjoyment of the petitioners as claimed. The site falls under the control of the 7th respondent and it is vested with the said Corporation. 4. Similarly, the counter of the 7th respondent discloses that the petitioners are never in possession over the subject land and the said land is vacant site situated besides the Summer Storage Tank-1 and within the purview of 15 Mts distance from the bund. The said land is classified as donka poramboku in 4 HBKM,J W.P.No.10403 of 2020 Town Survey records and till now, it is under the control of Ongole Municipal Corporation. As per the Master Plan Map-4 the said land is earmarked as buffer zone and no constructions have to be allowed in the buffer zone as per the Master Plan zoning regulations. As per the G.O.Ms.No.119, MA, dated 28.03.2017, no building activity shall be carried out within 30 Meters from the FTL boundary of Lakes/Tanks/Kuntas of area 10 Hectares and above under restriction of water bodies and courses shall be maintained as recreational/buffer zone. Moreover, the said site is affecting the Master Plan of 80 feet road and as the HT electrical lines are passing through the said site. As per the instructions in G.O.Ms.No.119, MA, dated 28.03.2017 vide Rule No.54 of 3 (b), the entire land below the tower line shall be developed as green belt to an extent of the width of tower base and on either side of green belt, there shall be a minimum of 10m wide roads or as defined in the Master Plan. The petitioners without obtaining any approval from the Urban Local Body, commenced illegal construction, but the 7th respondent issued the instructions to stop construction. Though they claimed issuance of DKT Pattas, as the petitioners are having valuable house properties, they are not entitled for issuance of such pattas. If any construction is allowed to be made on the site, it affects the bund of the Summer Storage Tank-1 and it also becomes hazardous to the general public due to passage of HD electrical lines through this site. 5 HBKM,J W.P.No.10403 of 2020 5. In view of the above said facts and circumstances, no relief can be granted to the petitioners in this writ petition. The written instructions of the 6th respondent dated 14.08.2025 shall be made as part of the Court record. 6. Accordingly, this Writ Petition is dismissed. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 07.10.2025 PGT