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2026 DAILYLAW 6143 (AP)

SHAIK ASHALATHA v. THE STATE OF ANDHRA PRADESH

WA/880/2026 · 2026-07-20

Purushottam Kumar Chintalapudi, Ravi Nath Tilhari

body2026

Judgment text

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APHC010336132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3601] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI WRIT APPEAL NO: 880/2026 Writ Appeal under clause 15 of the Letters Patent to Allow the present Writ Appeal and set aside the order dated 06.05.2026 passed by the learned Single Judge in W.P. No.32060 of 2025 Allow W.P. No.32060 of 2025 by issuing a Writ of Mandamus directing Respondent No.3, the Commissioner, Auto Nagar Industrial Local Authority (ILA), Vijayawada to immediately inspect the petition schedule property, D.No 55-2-1-15,Ward no 10, Auto Nagar, Vijayawada, verify the legality of the ongoing construction, and, if found to be unauthorized or without the requisite statutory approvals, forthwith stop the construction and initiate appropriate proceedings in accordance with law, including demolition or removal of the unauthorized structures Pass Between: 1. SHAIK ASHALATHA, W/O VANKADARA HARI KRISHNA, AGED ABOUT 35 YEARS, D.NO 74-24-24/1, DHANEKULAVARI STREET ASHOK NAGAR, VIJAYAWADA - 520 008 2. SRI VANKADARA HARI KRISHNA, S/O SUBHASH CHANDRA BOSE, AGED ABOUT 52 YEARS, R/O D.NO 74-24-24/1, DHANEKULAVARI STREET, ASHOK NAGAR, VIJAYAWADA - 520 008 ...APPELLANT(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI - 522238 2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA - 520 002 3. THE COMMISSIONER, AUTO NAGAR INDUSTRIAL LOCAL 2 (RNT,J & PKC,J W.A. NO.880 OF 2026) AUTHORITY (ILA), VIJAYAWADA - 520 007 4. SHAIK NAGUL BASHA, S/O BASHA, AGED ABOUT 39 YEARS, R/O D.NO 74-7-6/2, DONKA ROAD, PATAMATA, VIJAYAWADA. 520 007 5. SHAIK PARWIN, W/O SHAIK NAGUL BASHA, AGED ABOUT 34 YEARS, R/O D.NO 74-7-6/2, DONKA ROAD, PATAMATA, VIJAYAWADA - 520 007 6. ADUSUMILLI SAKUNTHA MOHAN ALIAS NANDU, S/O MOHAN RAM DAS (LATE), AGED ABOUT 42 YEARS, R/O D.NO 40-26/1-15, BRINDHAVAN COLONY, VIJAYAWADA. .. ...RESPONDENT(S): 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 PERMIT the Appellants herein to file Additional Material i.e., Photos and bring the same on record and consider the same while adjudicating the above Writ Appeal or to pass 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 pleased to STAY the Order dt. 06.05.2026 passed in W.P. No. 32060 of 2025 passed by the Hon’ble Single Judge and consequently allow the Writ Petition as prayed for and pass IA NO: 3 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 to set-aside the Order dt. 06.05.2026 passed in W.P. No. 32060 of 2025 passed by the Hon’ble Single Judge and consequently allow the Writ Petition as prayed for and pass Counsel for the Appellant(S): 1. CHENNAPPAGARI SANKARA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 (RNT,J & PKC,J W.A. NO.880 OF 2026) JUDGMENT:-(per Hon’ble Sri Justice Ravi Nath Tilhari) This Writ Appeal has been filed by the writ petitioners in W.P.No.32060 of 2025, assailing the order dated 06.05.2026 passed by the learned Single Judge. 2. Aggrieved from the alleged action of the unofficial respondents in entering into the petitioners' schedule property unlawfully and raising illegal constructions, the writ petition was filed. 3. The learned Single Judge, by order dated 06.05.2026, dismissed the writ petition holding that the dispute was a private dispute relating to private property. The writ petition was not maintainable. However, liberty was granted to the petitioners to avail the remedy available under law before the appropriate forum. 4. Having heard the learned counsel for the appellants and upon perusal of the material available on record, we do not find any illegality or infirmity in the order dated 06.05.2026 passed by the learned Single Judge warranting interference in the appeal. The controversy raised by the appellants pertains to a private dispute concerning immovable property, for which appropriate remedies are available before the competent forum, when the learned Single Judge declined to exercise jurisdiction under Article 226 of the Constitution of India, which is discretionary and is not to be involved in such kinds of dispute, we find no reason to interfere, when the appellants' 4 (RNT,J & PKC,J W.A. NO.880 OF 2026) have also been granted liberty to pursue the remedies available under law before the appropriate forum. 5. The Writ Appeal is dismissed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J _____________________________________ PURUSHOTTAM KUMAR CHINTALAPUDI, J Date :21.07.2026. RPD. 5 (RNT,J & PKC,J W.A. NO.880 OF 2026) 91 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE PURUSHOTTAM KUMAR CHINTALAPUDI (DISMISSED) WRIT APPEAL NO: 880 of 2026 Date : 21.07.2026 RPD.