IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 126 OF 2025 Writ Appeal under clause 15 of the Letters Patent against the order dated 07-11-2024 in WP.No.31038 of 2023 on the file of the High Court. _ Between: Vijayanagaram Badrinath, S/o.V.Gopal Rao, aged about 41 years, Occ Business, R/o.H.No.22-59-A, Bandimetta, Poola Bazar, Kurnool City, Kurnool District. ...PETITIONER/APPELLANT- AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner and Director of Municipal Administration, State of Andhra Pradesh, Mangalagiri, Guntur District. The Kurnool Municipal Corporation, Rep by its Commissioner, Kurnool City, Kurnool District-518004. Jangam Lalitha, W/o.J.Sivashankar, aged 52 years,Occ.House Wife R/o. H.No.69/519-B, Joharapuram, Kurnool City,Kurnool District. R.Vimala Bai, W/o.B. Sreeram Sing, aged 60 years,Occ.Teacher R/o. H.No.77-1-7-2-1,Pancharthna Colony, Kallur,Kurnool City, Kurnool District. 1. 2. 3. 4. 5. ...RESPONDENTS/ RESPONDENTS / 4 lA^NO: 1 OF 2025 \ \ 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 plealsed to grant interim directions directing the 3'^^ respondent to take action on the petitioner/appellant representation dated. 19-04- 2023 made against the respondents 4 and 5 illegal constructions in an extent of Ac.0.25 cents in Sy.No.161/4A & 161/5A situated at Joharapuram Village, Kallur Mandal, Kurnool District pending disposal of the Writ Appeal. f •i-t Counsel for the Appellant: SRI CHALLA SIVASANKAR Counsel for the Respondent Nos.1 & 2: GP FOR MUNICIPAL" ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.3: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos.4 & 5: SRI K.C.VENKAT REDDY ^ The Court made the following: JUDGMENT f Bench Sr.No:-2 [3483] APHC010063532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 126 of 2025 ...Appellant Vijayanagaram Badrinath Vs. ...Respondents The State of Andhra Pradesh and others ********** Sri Challa Sivasankar Learned Government Pleader for Municipal Administration and Urban Development, Sri K. C. Venkat Reddy. Advocate for appellant Advocates for respondents CORAM ;THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 18th February 2025 PC : The present Writ Appeal has been preferred against the judgment and order dated 07.11.2024 passed in W.P.No.31038 of 2023. The petitioner had filed the petition challenging the inaction on the part of the municipal authorities in not taking action against the unauthorized constructions in the layout plans, which were stated to have been made without any permission from the concerned municipal authorities in an extent of Ac.0-25 cents in Sy.Nos.161/4A and 161/5A situate in Joharapuram Village, Kallur Mandal, Kurnool District. 2. / 2 / / 3. The writ petition was disposed of by the learned single Judge considering the statement and the stand of the private respondents herein that there was an inter se dispute pending before a civil Court in which order of status quo has since been passed. In that view of the matter, the learned single Judge observed that no further orders are necessary in the writ petition. 4. Learned counsel for the appellant would submit that the learned single Judge ought to have appreciated the crux of the controversy and notwithstanding the pendency of the dispute inter se between the appellant and the private respondents, no construction could be permitted on the land in question without the requisite permission from the Municipal Corporation. 5. We are in agreement with the stand of the appellant. Notwithstanding the pendency of the proceedings before the civil Court and in the absence of an order against the authority, the official respondents would be obliged by the statutes to ensure that no construction on the spot is permitted by any person without obtaining proper permission in that regard. Be that as it may, we dispose of this appeal with a direction to the Kurnool Municipal Corporation to verify as to whether there is any construction being raised by private respondent Nos.4 and 5 over the property falling in Sy.Nos.161/4A and 161/5A situate in Joharapuram Village, Kallur Mandal, Kurnool District. If at all there is any construction being so raised without 6. permission, then, appropriate action be taken in accordance with the relevant i 3 statutes after giving private respondent Nos.4 and 5 an opportunity of being heard. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner and Director of Municipal Administration, State of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Commissioner, Kurnool Municipal Corporation, Kurnool City, Kurnool District-518004. 4. One CC to Sri Challa Sivasankar, Advocate [OPUC]^ 5. One CC to Sri K.C. Venkat Reddy, Advocate[OPUC] 6. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Three CD Copies. ssb I ✓ HIGH COURT DATED:18/02/2025 % JUDGMENT X 1 3 MAR 2035 iS-^ . Currenl aecuon ^7 to] WA.No.126 of 2025 */i DISPOSING OF THE W.A. WITHOUT COSTS