IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE jh PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5497 OF 2025 UsO Between: Lalam Lova Sathibabu, S/o. late Nookaraju, Aged 39 years, Occ; Business R/o. Opposite Hanuman Temple Street, Kotha Bypureddipalem Village, Narsipatnam Municipality, Anakapalli District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development (MAUD), Secretariat Buildings at Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4*'^ Floor, Near DGP Office, Beside Ultratech Ready Mix Plant, Vaddeswaram Village, Mangalagiri Mandal, Guntur District. 3. The Narsipatnam Municipality, Rep. by its Municipal Chairman, Narsipatnam, Anakapalli District. 4. Devada Ramana, S/o. late Appalanaidu, Aged 52 years, R/o. Opposite Hanuman Temple Street, Kotha Bypureddipalem Village, Narsipatnam Municipality, Anakapalli District. 5. Devada Madhalathalli, W/o. late Appalanaidu, Aged 68 years, R/o. Opposite Hanuman Temple Street, Kotha Bypureddipalem Village, Narsipatnam Municipality, Anakapalli District. 6. Rajana Rajubabu,. S/o. Demudu, Aged 45 years, R/o. Opposite Hanuman Temple Street, Kotha Bypureddipalem Village, Narsipatnam Municipality, Anakapalli District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly • imthe nature of Writ of Mandamus under Article 226 of the Constitution of India declaring the inaction of the 3'^'^ respondent in considering the representation of the petitioner dated 01.02.2025 against the respondents 4 to 6 herein who constructed boundary wall by encroaching some part of 12 feet wide road connecting to the approach road of petitioner's easement right property though the civil suit is pending in respect of the subject matter in O.S. No.10 of 2024 on the file of Principal Junior Civil Judge, Narsipatnam is illegal, arbitrary, against the principles of natural justice and violation of Article 14, 21 and :300-A of the Constitution of India and consequently direct the respondents to take immediate action against the respondents 4 to 6 to remove the illegal construction without approval plan in the pathway. lA NO: 1 OF 2025 Petition under Section 1'5'1 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 3^^ Respondent not to grant approval plan to the illegal construction made by the respondents 4 to 6 in 12 feet easementary pathway which is approached road to the petitioner's house for extent of 131.49 Sq.yds in Sy.No.465-5B, 10‘'' Ward, 10*^ Block Bypureddipalem Village, Narsipatnam Municipality, Anakapalli pending disposal of the main writ petition. Counsel for the Petitioner :SRI. RAMESH BABU NELATURI Counsel for the Respondent No’s. 1 & 2: GP FOR MUNCIPAL ADMN at Kotha District, URBAN DEV Counsel for the Respondent No.3: SMT SIREESHA RANI V, SC FOR MUNICIPALITY Counsel for the Respondent No’s. 4, 5 & 6: — The Court made the following ORDER: % APHC010099892025 r IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] V THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5497/2025 Between: ...PETITIONER Lalam Lova Sathibabu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.RAMESH BABU NELATURI Counsel for the Respondents): 1 .GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION N0.5497 of 2025 ORDER: The present Writ Petition is filed to declare the action of the respondent in not considering the representation of the Petitioner dated 01.02.2025 made against the respondents 4 to 6, who constructed boundary wall by encroaching some part of 12 feet wide road connecting to the approach road of Petitioner’s easement right property though the civil suit O.S.No.10 of 2024 on the file of the Principal Junior Civil Judge, Narsipatnam, Visakhapatnam District is pending, as illegal, arbitrary and to pass such other orders. The facts leading to filing of the present Writ Petition are 1. 2. as follows:- The Petitioner claims to be the owner of the land of an extent of 131.49 Sq. Yards situated in Sy.No.465-5B, 10‘^ Ward, 10“^ Block at Kotha Bypureddipalem Village, Narsipatnam Municipality, Anakapalli District, got acquired the same by way of a Settlement Deed dated 26.05.2020 vide document bearing No. 1949 of 2020. According to the Petitioner, the access to the said property is 12 feet pathway by way of easement from the C.C. Road. As the un-official Respondent Nos.4 to 6 had constructed a boundary wall, which interdicts the rights of the Petitioner’s access to his house, a suit O.S.No.10 of 2024 was filed by the Petitioner before the Principal Junior Civil Judge, Narsipatnam for grant of permanent injunction. In view of the construction made by the un-official Respondent Nos.4 to 6 thereafter, the suit was amended seeking relief of demolition of compound wall. \ 2 % 4^ It is the plea of the Petitioner that the construction in the site of un-official Respondent Nos.4 to 6 would close the access to their house and in that context the Petitioner made a representation to the Respondent No.3-Municipal Corporation on 01.02.2025 objecting to grant any plan for construction in the said site. As the Respondent No.3-Municipality is not considering the representation made by the Petitioner, the present Writ Petition is filed. Heard M/s. N. Ramesh Babu, learned counsel for the Petitioner and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel appearing for the Respondent No.3-Municipality. The learned Standing Counsel for Respondent No.3-Municipality has submitted written instructions issued by the Respondent No.3- Municipality vide Roc.No.60/2025/G1, dated 03.03.2025, wherein it was mentioned that there is a civil dispute between the Petitioner and the un-official respondents, the Respondent No.3 is not entitled to involve in the matter relating to easementary rights when the dispute between the parties is pending. It was further stated that the Respondent No.4 had applied online for building permission as per A.P. Building Rules, 2017 by enclosing registered ownership documents showing the title in his favour and the building permit order was generated in automated process basing on the documents uploaded. In the post verification of the building permit issued in favour of the Respondent No.4, the Respondent No.3-Municipality had issued a shortfall endorsement for shortage of road widening registered Gift Deed and consequently issued stop work order restraining the building construction by the Respondent No.4. It was also mentioned that the Respondent No.4 has not made any construction except the compound wall, which was constructed long back. 3. 4. 5. 6. 3 7. Considering that building permission and the stop work order this Court is of the opinion that the Writ Petition may be disposed of directing the Respondent No.3-Municipality to consider the representation made by the Petitioner dated , 01.02.2025 notwithstanding the pendency of the oivil suit regarding the ingress and egress to his house situated behind the un-official respondents 4 to 6 within three (3) months proposed construction of from today. 8. Accordingly, the Writ Petition is disposed of There shall be no order as to costs. As applications, if any, shall stand closed. a sequel, pending Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development (MAUD),, State of Andhra Pradesh, Secretariat Buildings at Velagapudi, Amaravati, Andhra Pradesh. 2. The Commissioner and Director of Municipal Administration, Prime Hill Crest, 4*^ Floor, Near DGP Office, Beside Ultratech Ready Mix Plant, Vaddeswaram Village, Mangalagiri Mandal, Guntur District. 3. The Municipal Chairman, Narsipatnam Municipality, Narsipatnam, Anakapalli District. 4. One CC to SRI. RAMESH BABU NELATURI, Advocate [OPUC] 5. One CC to SMT SIREESHA RANI V, SC FOR MUNICIPALITY [OPUC] 6. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies PRK ■f HIGH COURT DATED:06/03/2025 ORDER WP.No.5497 of 2025 g 2 I MAR 2025 ™ Current Section . ^ DISPOSING OF THE W.P. WITHOUT COSTS