APHC010093222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 5053/2025 Between: Mummidi Naga Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K V SESHAGIRI RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following Order: The petitioner is seeking a direction to declare the action of Respondent Nos. 4 and 5 as illegal for not taking necessary action against Respondent Nos. 6 and 7, and also for not registering a case against the illegal construction of the 6th respondent. 2. It is submitted that the petitioner is in possession of 30 sq. yds of land and is in the process of constructing his house. The petitioner is said to be in possession of 30 sq. yds of land under an agreement of possession. The 2 petitioner’s vendors have executed a sale deed in favor of the 6th respondent to an extent of 60 sq. yds out of 390 sq. yds of land. It is also submitted that Respondent Nos. 6 and 7 are constructing on the property purchased by them without obtaining any permission. 3. In that regard, the petitioner had approached the 5th respondent and filed a complaint. The 5th respondent has issued an order staying further construction, as the 6th respondent has not obtained any sanction for the said construction. Vide proceedings dated 09.12.2024, the complaint lodged by the petitioner was disposed of, and the 6th respondent was also issued a Provisional Order on 06.12.2024 with respect to the unauthorized construction. 4. The learned counsel for the petitioner appearing virtually submits that though the 5th respondent has found the construction to be illegal, no action has been taken, and no FIR has been registered against the illegal construction. 5. The learned counsel appearing for Respondent Nos. 3 and 4 submits that there is no cause of action for filing the present writ petition and that the 5th respondent has already issued a Provisional Order by issuing a show cause notice calling upon the 6th respondent to submit a response as to why the unauthorized construction should not be removed or pulled down. It is further submitted that the procedure contemplated under the Municipal Act is being followed by the 5th respondent. 3 6. Considering the same, this Court finds no grounds to interfere in the writ petition, and liberty is granted to the petitioner to take steps if aggrieved by the proceedings issued in pursuance of the show cause notice issued to the 6th respondent. 7. With these observations, this Writ Petition is dismissed, No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 03.03.2025 PNS