APHC010651442013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29116/2013 Between: 1. ARUGUNTA DHANANJAYA REDDY, S/O VENKATA KRISHNA REDDY HINDU, AGED ABOUT 56 YEARS, OCC : CULTIVATION, R/O D NO 26-1-1815, ARUGUNTA STREET, KONDAYAPALEM, NELLORE - 4, S.P.S.R. NELLORE DISTRICT. 2. KAMINENI SRINIVASULU, S/O. VENKATAIAH, HINDU, AGED'ABOUT 51 YEARS, OCC : CULTIVATION, R/O D NO 15/623. JAMES GARDEN, NELLORE - 2, S.P.S.R. NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION NELLORE, S.P.S.R. NELLORE DISTRICT 2. TOWN PLANNING OFFICER NELLORE MUNICIPAL CORPORATION, NELLORE, S.P.S.R. NELLORE DISTRICT 3. THE MANDAL TAHSILDAR NELLORE RURAL, RAILWAY FEEDER ROAD, NELLORE, S.P.S.R. NELLORE DISTRICT 4. BATHALA VENKAIAH, S/O RAMAIAH, AGED ABOUT 50 YEARS, OCC : BUSINESS 5. BATHALA SRINIVASULU, S/O RAMAIAH, AGED ABOUT 48 YEARS, OCC : BUSINESS 6. BATHALA VENKATA RAO, S/O RAMAIAH, AGED ABOUT 46 YEARS, OCC : BUSINESS 2 7. BATHALA VENKATESWARLU, S/O RAMAIAH, AGED ABOUT 43 YEARS, OCC : BUSINESS 8. BATHALA MALLIKARJUN, S/O VENKAIAH, AGED ABOUT 47 YEARS, OCC : BUSINESS 9. BUDDAPATHALA VENKAIAH, S/O BUDDAIAH, AGED ABOUT 60 YEARS, OCC : BUSINESS RESPONDENTS 4 TO 9 ARE R/O NEAR CHENNAKESAVA SWAMY TEMPLE, KONDAYAPALEM HARIJANAWADA, NELLORE CITY, SPSR NELLORE DISTRICT. ...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 or direction more particularly one in the nature of Writ of MANDAMUS by declaring the action of the official respondent Nos. 1 to 3 in not taking any action on the representation of the petitioners to protect the donka/public cart track admeasuring Ac.0-65 cents situated in Survey No 200/3A of Kondayapalem village accounts, Nellore Rural, S.P.S.R. Nellore District by preventing the unofficial respondents No 4 to 9 from encroaching the same as illegal, arbitrary and violative of Principles of Natural Justice; and consequently direct the respondents to protect the said tank bund/donka/public cart track by restraining the unofficial respondents 4 to 9 from encroaching the same. IA NO: 1 OF 2013(WPMP 36167 OF 2013 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 respondent Nos. 1 and 2 to take appropriate action forth with preventing the respondent Nos. 4 to 9 from closing the Donka/Public Cart Track/Tank Bund admeasuring Ac.0-65 cents situated in Survey No 200/3A of Kondayapalem village accounts, Nellore Rural Mandal, SPSR Nellore District IA NO: 1 OF 2015(WPMP 7828 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 3 Counsel for the Petitioner(S): 1. A CHANDRAIH NAIDU Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI 2. GP FOR REVENUE 3. KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) The Court made the following: 4 ORDER:- The petitioner filed the present writ petition seeking a direction to respondent Nos.1 to 3 to consider the representation of the petitioner and to protect the donka/public cart track admeasuring Ac.0.65 cents in Survey No.200/3A of Kondayapalem village, Nellore District, by preventing the unofficial respondent Nos.4 to 9 from encouraging the same. 2. The learned Standing Counsel appearing for the 1st respondent, on written instructions, submits that the respondents shall conduct a survey after issuing notice to all concerned and that the Corporation will remove any encroachment on the public road if any found after following due process of law. 2. Recording the same, this Writ Petition is closed. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 09.10.2025 SR