Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 6397 (AP)

MADALA VENKATA PRASADA RAO v. THE STATE OF ANDHRA PRADESH

WP/20110/2026 · 2026-07-21

Harinath N

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010374362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20110/2026 Between: 1. MADALA VENKATA PRASADA RAO, AS/O M. VENKATESWARLU AGED ABOUT 65 YEARS, R/O. 8-341, SRINAGAR COLONY, ANGALAKUDURU, TENALI MANDAL, GUNTUR DISTRICT, 2. KODELA VENKATESWARARAO, S/O. SUBBA RAO AGED ABOUT 62 YEARS, R/O 32-6-5/LA, FLAT NO.102, ALAPATI NAGAR, REVENUE WARD NO.29, SULTANABAD, TENALI, GUNTUR DISTRICT 3. BADE SRINIVASA REDDY,, S/O. VENKATA REDDY AGED ABOUT 57 YEARS, RIO. 10-3-6, ZENDA CHETTU BAZAR CHENCHUPET, TENALI, GUNTUR DISTRICT 4. ALAPATI KRISHNA PRASAD,, S/O. MADHUSUDHAN AGED ABOUT 57 YEARS, RIO. 24-2-1897 VAIBHAV APARTMENT, ANDHRAKESARI NAGAR, NELLORE DISTRICT 5. MEDARAMETLA RAMA MOHAN,, S/O. CHALAPATHI RAO AGED ABOUT 57 YEARS, R/O.32-1-18/1A2,FIAT NO. 203 KAVI RAJA NAGAR, KRISHNA RESIDENCY, SULTHANABAD TENALI, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY OF MUNCIPAL ADMINISTRATION AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION, LIMITED, APIICL REPRESENTED BY ITS MANAGING DIRECTOR, 2 PLOT NO.1, IT PARK, MANGALAGIRI, GUNTUR DISTRICT. 3. THE A P INDUSTRIAL INFRASTRUCTURE CORPORATION, LIMITED, APIICL REPRESENTED BY ITS ZONAL MANAGER, AUTO NAGAR, GUNTUR 4. THE TENALI MUNICIPALITY, REP BY ITS COMMISSIONER, TENALI, GUNTUR 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 toleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents for not taking action on our representations including the representation dated 29.06.2026 in order to direct the respondents to initiate action for the purpose of measuring APIIC industrial area local authority layout bearing LP.No.57/80, particularly the 40 feet road on the western side, as well as our lands bearing plot Nos. 4,5, 6, 7,21, 24 and in Sy.Nos. 4,5, 6, 7,21, 24 and in Sy.Nos. 127/3, 125/ 1B1, 119/3 119/2 others plots situated in APIIC industrial local authority, Tenali, Guntur District, is bad, arbitrary, contrary to A.P. Survey and Boundaries Act, 1923, and also offends Arts 14, 21 and 300-A of the Constitution of India 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 leased to direct the respondents herein to measure the land in plots No.4,5, 6, 7,21, 24 and in Sy.Nos. 127/3, 125/ 1B1, 119/3& 119/2 of the petitioners situated in APIIC industrial local authority, Tenali and also the western side of 40 feet road in the layout plan of APIIC as per the documents, in order to protect the land of the petitioners and way (road) to all the people who are using the APIIC public road (40 feet) in order to maintain Ecobalance, interests of justice and fair play Counsel for the Petitioner(S): 1. M VIDYAVATHI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order:- The present Writ Petition is filed aggrieved by the inaction on the part of the respondent authorities in considering the representation dated 29.06.2026 and taking further action with regard to conducting a proper survey in respect of the 40-feet road situated on the western side of the petitioners' property, forming part and parcel of L.P. No.57/80, situated within the APIIC Industrial Local Authority, Tenali, Guntur District. 2. Heard learned counsel for the petitioners, Sri Santhi Chandra, learned Standing Counsel for the respondent Nos.2 and 3 and Ms. V.Sireesha Rani, learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioners submits that the petitioners have purchased the subject plots under registered sale deeds and are in peaceful possession and enjoyment of the same. It is submitted that the 40-feet road abutting the western side of the petitioners' property has been encroached upon by several unauthorized persons. The petitioners also submit that Plot Nos.5, 6 and 7 in Survey No.127/3 are partly encroached upon by unauthorized persons. 4. In this regard, the petitioners submitted a representation to the respondent authorities requesting them to reclaim the encroached road portion. 5. Learned Standing Counsel for respondent No.4, on instructions, submits that respondent No.4 has issued an endorsement dated 09.07.2026 4 addressing the grievance of the petitioners and advising them to submit an application in the prescribed format under the relevant Act for conducting a survey, along with payment of the requisite survey fee. 6. It is submitted that respondent No.4 shall take appropriate action, subject to the petitioners submitting a fresh application in accordance with the provisions of the Act, paying the requisite fee for conducting the survey, and furnishing copies of the relevant title documents to facilitate the survey. 7. In view of the above submissions, the Writ Petition is disposed of, directing the petitioners to submit a fresh application in the prescribed format, along with payment of the requisite survey fee and copies of the title documents. Upon receipt of the same, respondent No.4 shall conduct the survey in accordance with law. Needless to mention, respondent No.4 shall take appropriate action for reclaiming the encroached road, if any encroached, after conducting the survey. The entire process shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order, subject to payment of the requisite fee by the petitioners. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed ____________________ JUSTICE HARINATH.N 22.07.2026 RSD 5 38 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20110/2026 22.07.2026 RSD