IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3097 OF 2025 Between: 1. Chittabathini Kartheek, S/o Late Ch. Madhava, Aged about 25 years, Occ; Agricultural, R/o Musunuru, Kavali Bit II Rural, Kavali Mandal, SPSR Nellore District. 2. Chittabathini Malyadri, S/o Late Ch. Kondala Rao Aged about 58 years, Occ: Agricultural, R/o Musunuru, Kavali Bit II Rural, Kavali Mandal, SPSR Nellore District. 3. Gangineni Subba Naidu, S/o G. Sivaya Naidu, Aged about 78 years, Occ; Agricultural, R/o Musunuru, Kavali Bit II Rural, Kavali Mandal, SPSR Nellore District. 4. Botlagunta Srihari Naidu, S/o B. Chinnaiah, Aged about 72 years, Occ: Agricultural, R/o Musunuru, Kavali Bit II Rural, Kavali Mandal, SPSR Nellore District. 5. Gottipati Malyadri, S/o G. Subbaramaiah, Aged about 74 years, Occ: Agricultural, R/o Musunuru, Kavali Bit II Rural, Kavali Mandal, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal and Administration, Secretariat Buildings' Valagapudi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Kavali, SPSR Nellore District. r 5. The Kavali Municipality, Rep. by its Commissioner Nellore District. 6. Kamatham Venkateswarlu, S/o Radha Krishnaiah Aged about 62 Occ: Agricultural, R/o Musunuru, Kavali Bit II SPSR Nellore District. 7. Kamatham Venu, S/o Radha Krishnaiah, Aged about 55 Agricultural, R/o Musunuru, Kavali Bit II Rural Nellore District. Kavali, SPSR years. Rural, Kavali Mandal, years, Occ; Kavali Mandal, SPSR 8. Kamatham Prasad, S/o Radha Krishnaiah, Aged about 47 years, Occ Agricuiturai, R/o Musunuru, Kavaii Bit li Rurai, Kavaii Mandai SPSR Nellore District. 9. Pandilapalli Vijay Reddy, S/o Subba Rami Reddy, Aged about Occ: Agricuiturai, R/o Musunuru, Kavaii Bit ii Rural SPSR Nellore District. 10. Pandilapalli Rama Mohan Reddy, S/o Subba Rami Reddy Aged 45 years, Occ; Agricultural, R/o Musunuru, Kavali Bit II Rural Mandal, SPSR Nellore District. 52 years, Kavali Mandal, about , Kavali ...RESPONDENTS Petition under Article 226 of the Constitution of india is filed praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pieased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus inaction of the Respondent Nos. 2 to 5 not declaring the considering the petitioners representation dated 08.01.2025 for illegal construction made by the respondent Nos. 6 to 10 in Sy.No. 147 of Musunur Viiiage, Kavali Mandai; SPSR Nellore District and obstructing the access to the petitioners houses as being illegal, arbitrary and violation of 14, 21 of Constitution of to direct the respondent Nos; respondent Nos. 6 to Kavali Mandal, SPSR without any right and title Principal of Natural Justice and violation of Article India and consequently this Honble Court 2 to 5 to prevent the illegal construction made by the 10 in the above Sy.No. 147 of Munsunur Village Nellore District. ■H lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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. 2 to 5 to prevent illegal construction made by the respondent Nos. 6 to 10 in Sy.No.147 of Musunur Village, Kavali Mandal, SPSR Nellore District, pending main writ petition. Counsel for the Petitioners: SRI PAVANI SIVA KUMAR Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 6 to 10: — The Court made the following: ORDER / 1 APHC010055362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3097/2025 Between: ...PETITIONER(S) Chittabathini Kartheek, and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.PAVANI SIVA KUMAR Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ” A / ORDER: w This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: [...to issue an appropriate Writ, Order or Direction, more particularly 1 one in the nature of Writ of Mandamus, declaring the inaction of the considering the petitioners Respondent Nos. 2 to 5 not representation dated 08.01.2025 for illegal construction made by the respondent Nos. 6 to 10 in Sy.No. 147 of Musunur Village, Kavali Mandal, SPSR Nellore District and obstructing the access to the petitioners houses without any right and title as being Illegal, arbitrary and violation of Principal of Natural Justice and violation of Article 14, 21 of Constitution of India and consequently this Honble Court to direct the respondent Nos. 2 to 5 to prevent the illegal construction made by the respondent Nos. 6 to 10 in the above Sy.No. 147 of Munsunur Village, Kavali Mandal, SPSR Nellore District and/or pass such ” The petitioners herein are residents of IS**" ward, Musunur village, Kavali Mandal, SPSR Nellore district and are involved in agricultural activities. The grievance of the petitioners herein is that the respondent Nos.6 to 10, without having any right and title to occupy the gramakantam land in Sy.No. 147, have made illegal constructions obstructing the petitioners’ access from the main road to their house, by creating forged and fabricated documents. Accordingly, the petitioners have submitted a representation dated 08.01.2025 to respondent Nos.2 to 5, but, no action has been initiated till date. Hence the present writ petition is filed. Heard learned counsel for the petitioners, learned Government Pleader for Revenue appearing for respondent Nos.2 to 4 and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for respondent No.5. Today when the writ petition came up for hearing, learned Standing Counsel for the 5*" respondent has furbished a copy of instructions 2. 3. 4. I 3 of the 5'" respondent wherein it is stated that in pursuance of the representation submitted by the petitioners on 08.01.2025 requesting to stop the illegal constructions made by the respondent Nos.6 to 10 as it is obstructing the ingress and egress across the petitioners’ property, the 5 respondent has requested the Tahsildar, Kavali to depute the mandal surveyor, Kavali mandal to survey the land in Sy.No.147 of Munsunur Village, Kavali Mandal, SPSR Nellore District and to submit a detailed survey report for taking necessary further action regarding the road access to the petitioners’ properties. th 5. As per the above instructions of the 5''' respondent, it can be understood that pursuant to the representation submitted by the petitioners on 08.01.2025, the 5“" respondent has already initiated action by directing the Tahsildar, Kavali to depute the mandal surveyor, Kavali mandal to survey the land in Sy.No.147, in which the respondent Nos.6 to 10 are alleged to have constructed illegal constructions. 6. As such, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the 5^^ respondent herein to ensure that the said survey of the land in question is completed within a period of four (4) weeks from the date of receipt of a copy of this order, after duly issuing notice to the petitioners and as well as respondent Nos.6 tolO. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 7. Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- N. NAGAMMA ASSISTANT REGISTRAR closed. //TRUE COPY// f?' §! SECTION OFFICER To, 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Kavali, SPSR Nellore District. 4. The Tahsildar, Kavali, SPSR Nellore District. 5. The Commissioner, Kavali Municipality, Kavali, SPSR Nellore District. 6. One CC to Sri Pavani Siva Kumar Advocate [OPUC] 7. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 8. T\no CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF .y HIGH COURT DATED:11/02/2025 ORDER WP.No.3097 of 2025 ofAN DH^ t9 X 2 I MAR 2025 > . Current Section DISPOSING OF THE W.P., WITHOUT COSTS