1 HN, J W.P.No.7411_2026 APHC010132402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7411/2026 Between: 1. KARAMALLA RAVI KUMAR,, S/O LATE VEERIAIAH, AGED ABOUT 55 YEARS, R/O D.NO. 4-555, KUMMARAGUNTA, MILK CHILLING CENTER AREA, VENKATAGIRI,TIRUPATI DISTRICT - 524132. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. - 522327 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT, ANDHRA PRADESH. - 517501 3. THE REVENUE DIVISIONAL OFFICER, VENKATAGIRI DIVISION, TIRUPATI DISTRICT - 524135. 4. THE VENKATAGIRI MUNICIPALITY, REP BY COMMISSIONER VENKATAGIRI, TIRUPATI DISTRICT - 524132. 5. THE DEPUTY EXECUTIVE ENGINEER, R AND B SUB DIVISION, VENKATAGIRI, TIRUPATI DISTRICT - 524132 6. KONA VENKATESWARA RAO, S/O LATE KONA SANKARA DASS,AGED ABOUT 65 YEARS, R/O D.NO.17-227, EAST STREET,OLD BUS STAND CENTER, VENKATAGIRI, TIRUPATI DISTRICT - 524132. ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents are attempting to demolish or interfere with the petitioner's residential house and shop structure situated at D.No. 4- 555, Kummaragunta, Revenue Ward No. 4, Near Milk Chilling Center Road, Venkatagiri, Tirupati District., for the purpose of construction of a temple arch 2 HN, J W.P.No.7411_2026 at the instance of the 6th respondent without issuing any notice, without following due process of law and without obtaining lawful permissions, as illegal, arbitrary, unconstitutional and violative of Articles 14 and 300-A of the Constitution of India, and consequently direct the respondents not to demolish or interfere with the petitioner's house and shop structure and to construct the proposed arch by leaving a reasonable distance of about 50 feet from the petitioner's property 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 pleased to direct the respondent authorities for not to demolish or interfere with the petitioner's residential house and shop structure situated at D.No. 4- 555, Kummaragunta, Revenue Ward No. 4, Near Milk Chilling Center Road, Venkatagiri, Tirupati District., for the purpose of construction of temple arch at the instance of the 6th respondent, without following due process of law, pending disposal of the above writ petition IA NO: 2 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 may be pleased to vacate the orders in WP.No.7411 of 2026 dated 17.03.2026 by dismissing the Writ Petition with exemplary costs and pass Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. C SUBODH 4. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.7411_2026 ORDER: 1. The petitioner has approached this Court seeking a relief of declaration of the action of the respondents in attempting to demolish or interfere with the petitioner's residential house and shop structure situated at Door No.4-555, Kummaragunta, Revenue Ward No.4, near Milk Chilling Center Road, Venkatagiri, Tirupati District, for the purpose of construction of a temple arch at the instance of respondent No.6. It is alleged that the respondents are in the process of demolishing the petitioner's shop and residential house abutting the shop to make way for the construction of a temple arch. It is also alleged that the survey conducted by a licensed surveyor would not show the petitioner's property as an encroachment. A copy of the private survey conducted by the licensed surveyor has also been filed as additional material papers. 2. This Court on 17.03.2026, directed status quo to be maintained till the next date of hearing. Today, when the matter is taken up for hearing, the learned counsel appearing for respondent No.6 submits that 6th respondent has filed a detailed counter and that he is the donor for the construction of the arch and, that the 6th respondent has obtained all the requisite permissions for constructing the arch. It is also categorically stated in the counter that construction of the arch would not disturb the petitioner's house and that the petitioner has suppressed this information and obtained an order of status quo. 4 HN, J W.P.No.7411_2026 3. The learned Assistant Government Pleader appearing for respondent No.5 submits that a detailed counter has been filed and that a joint inspection was conducted on 06.02.2026, wherein it was found that the petitioner himself had encroached upon the road margin and constructed a residential house and shop. It is also stated that the construction of the arch is not obstructing the movement of vehicles on the road, nor is it coming in the way of the petitioner's business and or the petitioner's ingress and egress to the residential house and shop. 4. The learned counsel for the petitioner, in reply, submits that the petitioner is not coming in the way of the construction of the arch. However, he is concerned with regard to the unilateral action of the respondent Municipality in trying to demolish the petitioner's property. 5. The learned Standing Counsel appearing for respondent No.4, on oral instructions, submits that respondent No.4 shall follow the due process of law in the event the property of the petitioner is to be demolished for any purposes. Recording the said submission, the writ petition can be disposed off. The learned counsel appearing for the 6th respondent submits that the construction of the arch is almost complete and that only finishing works are pending. In view of the status quo order passed by this Court the finishing works could not be completed. 6. On this consideration, the writ petition stands disposed off, directing respondent No.4 to follow the due process of law in the event respondent 5 HN, J W.P.No.7411_2026 No.4 intends to take any action against the petitioner's property. The construction of the arch may be completed in all respects. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:23.06.2026 NKA 6 HN, J W.P.No.7411_2026 41 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 7411 of 2026 Date: 23.06.2026 NKA