APHC010089932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4771/2025 Between: Bojjan Siva Reddy ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to pass a Writ, order or direction more particularly one in the nature of Writ Petition is being filed questioning the inaction of the respondents in demolishing the illegal construction carried out by the unofficial respondents in Plot No. 175, measuring an extent of 0.05 acres in Survey No. 953 (955/2) of Madakalavaripalli Village, Gopavaram Mandal, Y.S.R. District, without obtaining the necessary permission from the competent authorities is illegal, arbitrary, and high-handed, violative of fundamental rights guaranteed under Articles 21 and 300-A of the Constitution of India, consequently direct the respondents to take immediate steps for demolishing the illegal construction made and pass…” 2. The petitioner herein is the absolute owner of plot No.175 admeasuring 0.05 acres in Sy.No.955/2 of Madakalavaripalli Village, Gopavaram mandal, Kadapa district. The petitioner, after obtaining approval from the 3rd respondent has started construction of a building in the said plot; while so when the respondent Nos.5 to 7 herein have started interfering with the petitioner’s possession over the schedule property, the petitioner was constrained to file a suit vide O.S.No.532 of 2024 on the file of Principal Junior Civil Judge, Badvel, Y.S.R. Kadapa district seeking temporary injunction to restrain the unofficial respondents herein from interfering with his peaceful possession over the said property. In the aforesaid suit, the petitioner was granted an ad interim injunction on 29.12.2023 despite which, the unofficial respondents have illegally encroached the petitioner’s land and started making constructions; as such, the petitioner has submitted representations on 12.08.2024 and 09.09.2024 to the respondent authorities requesting them to take action against the unofficial respondents herein. As no action has been initiated till date, the petitioner has filed the present petition. 3. Heard learned counsel for the petitioner and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for the 3rd respondent. 4. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the 3rd respondent dated 22.02.2025 wherein it is stated that in pursuance of the representation submitted by the petitioner herein, the town planning staff of the 3rd respondent have visited the alleged site and upon identifying the illegal constructions made by the unofficial respondents, the respondent authorities have stopped the same duly issuing a provisional notice vide No.01/WS11/2024, dated 05.09.2024 to the 5th respondent herein and that the same has been informed to the petitioner vide endorsement Roc.No.1235/G1/2024, dated 06.09.2024. 5. In view of the fact that the 3rd respondent, has already initiated action in pursuance to the representation submitted by the petitioner on 12.08.2024 by giving a provisional notice dated 05.09.2024 to the 5th respondent herein, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the 3rd respondent to initiate further course of action in pursuance to the provisional notice dated 05.09.2024 after duly conducting an enquiry, in accordance with law. 6. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 24.02.2025 GSS