APHC010217272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11697/2026 Between: 1. AITA UDAY SANKAR, S/O LATE AITA ANAND KRISHNAIAH AGED ABOUT 69 YEARS, OCC. BUSINESS, R/O. D.NO. 10-201, BAPUJI STREET, SULLURPET TOWN, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT -524121. 2. AITA MALLESWAR,, S/O LATE AITA ANAND KRISHNAIAH AGED ABOUT 71 YEARS, OCC. BUSINESS, R/O. D.NO. 10-201, BAPUJI STREET, SULLURPET TOWN, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524121. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI - 522237. 2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, TIRUPATHI, ERSTWHILE SPS NELLORE DISTRICT - 517501. 2 3. THE REVENUE DIVISIONAL OFFICER, SULLURPETA DIVISION, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524121. 4. THE TAHSILDAR, SULLURPETA MANDAL, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524121. 5. THE SULLURPETA MUNICIPALITY, REP. BY ITS COMMISSIONER, SULLURPETA, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524121. 6. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, NAIDUPET SUB-DIVISION, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524126. 7. THE ASSISTANT EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, SULLURPETA, TIRUPATHI DISTRICT, ERSTWHILE SPS NELLORE DISTRICT - 524121. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus declaring the inaction of the respondents in not removing the encroachments on the R and B Road margin of Old GNT Road from Holy Cross Junction to Vinayaka Swamy Temple, Sullurpeta Town, Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the respondents to remove the encroachments in the above said R and B Road margin of Old GNT Road from Holy Cross Junction to Vinayaka Swamy Temple, Sullurpeta Town, Tirupati District and pass IA NO: 1 OF 2026 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 pleased leased to direct the 3 respondents to remove all unauthorized encroachments from the said R&B Road margin of Old GNT Road from Holy Cross Junction to Vinayaka Swamy Temple, Sullurpeta Town, Tirupati District and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and and pass Counsel for the Petitioner(S): 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3. GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11697/2026 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s: “….to issue a Writ of Mandamus declaring the inaction of the respondents in not removing the encroachments on the R & B Road margin of Old GNT Road from Holy Cross Junction to Vinayaka Swamy Temple Sullurpeta Town Tirupati District as illegal, arbitrary and unconstitutional and consequently direct the respondents to remove the encroachments in the above said R and B Road margin of Old GNT Road from Holy Cross Junction to Vinayaka Swamy Temple Sullurpeta Town, Tirupati District and pass……..” 2. Heard learned counsel for the petitioner and learned Standing Counsel for the 5th respondent. 3. The writ petition is filed challenging the action of the respondents in not removing the encroachments on the R & B Road margin of old GNT Raod from Holy cross Junction to Vinayaka Swamy Temple, Sullurpeta Town, Tirupati District, on the ground that the said action is illegal and consequently to direct the respondents to remove the encroachments. 4. Learned Standing Counsel for the 5th respondent has placed the written instructions dated 29.04.2026, addressed by the Commissioner of Sullurpet Municipality. 5 5. The said written instructions would communicate that the Commissioner has written off the levied municipal tax assessments on such encroached areas by passing the resolution No.332 dated 30.05.2025 of the Sullurpeta Municipal Council. The 5th respondent has also informed that they are ready to cooperate for removal of the encroachments in coordination with Revenue, Police, Electricity, and R & B Departments. Further, Sullurpeta Municipality is maintaining good hygienic conditions in locality, removing stagnant wastewater and maintaining proper sanitation conditions from time to time. The said written instructions are made part of the record. 5. Pursuant to the written instruction, the writ petition is closed. However, the respondents are directed to take steps for removal of the encroachment. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.05.2026 ANS 6 190 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 11697/2026 Date: 05.05.2026 ANS