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2026 DAILYLAW 4923 (AP)

Smt. A. Neelamma, v. The State of Andhra Pradesh,

WP/10743/2026 · 2026-07-06

Harinath N

body2026

Judgment text

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Date of pronouncement : 07.07.2026 Date of uploading : APHC010203752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10743/2026 Between: 1. SMT. A. NEELAMMA,, W/O RUDRAIAH, AGED ABOUT 68 YEARS, OCC. HOUSE WIFE, R/O. D.NO. 11-273 A/C,GOLLAVANIGUNTA, AKKARAMPALLI, RENIGUNTA ROAD, TIRUPATI, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT AND MUNICIPAL ADMINISTRATION SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR ASSIGNMENT, TIRUPATI, TIRUPATI DISTRICT. 3. THE TIRUPATI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, TIRUPATI DISTRICT. 4. THE TAHSILDAR, TIRUPATI URBAN MANDAL, TIRUPATI, TIRUPATI DISTRICT. 5. G TRINADH, S/O G. YERRAIAH, AGED ABOUT 54 YEARS, OCC. BUSINESS R/O,D.NO.11-276, GOLLAVANIGUNTA, AKKARAMPALLI, RENIGUNTA ROAD, TIRUPATI, TIRUPATI DISTRICT ...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 the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to direct the 3rd Respondent to take the necessary action against the illegal construction of the 5th Respondent in Plot No. 18, an extent of 1 14 cents Survey No.74/4, situated at Gollavanigunta of Akkarampalli under the Tirupati Municipal Corporation encroaching the existing path way in between Plot No.24 and 18 without prior construction approval of the 3rd Respondent and to 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 pleased to direct the 3rd Respondent to stop the illegal construction of the 5th Respondent in Plot No. 18 an extent of 1 1/2 cents in Plot No. 18, Survey No. 74/4 situated at Gollavanigunta of Akkarampalli under the limits of the 3rd Respondent pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR ASSIGNMENT 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.10743 OF 2026 ORDER: 1. The present writ petition is filed aggrieved by the inaction on the part of respondent Nos.1 to 4 in not taking any action against the illegal construction undertaken by respondent No.5 by encroaching upon the existing pathway situated between Plot Nos.18 and 24, without obtaining any construction approval from respondent No.3. 2. It is submitted that the petitioner was assigned Plot No.24, admeasuring Ac.0.03 cents in R.S.No.74/4, situated at Gollavanigunta of Akkarampalli, Tirupati Municipal Corporation. It is further submitted that respondent No.3 had granted permission to the petitioner to construct a house, and the petitioner had left a six-foot-wide passage for ingress and egress to his property and for the benefit of others. It is submitted that Plot No.18 was originally allotted in favour of Smt. M.V.H. Surya Kumari and that the said property changed several hands before ultimately coming into the possession of respondent No.5. However, respondent No.5 has commenced further construction by encroaching upon the said six-foot-wide passage meant for ingress and egress. 3. Notice was ordered to respondent No.5, and proof of service has also been filed. Though notice has been served on respondent No.5, there is no representation on his behalf. 4. The learned Assistant Government Pleader appearing for respondent No.4, on written instructions, submits that a proper survey was conducted and it was found that respondent No.5 is attempting to encroach upon the pathway by raising construction thereon. It is further submitted that the layout also shows a pathway between Plot Nos.18 and 24 and that respondent Nos.2 to 4 shall take appropriate action to ensure that the said pathway is restored. 5. In view of the above submissions, the writ petition is disposed off with a direction to respondent Nos.2 to 4 to take appropriate steps to ensure that the pathway between Plot Nos.18 and 24 is restored in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:07.07.2026 KGM Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 135 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.10743 of 2026 Date: 07.07.2026 KGM