APHC010348142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 6th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18541/2026 Between: 1. K. RAMESH,, S/O. VENKATESWARLU, AGED ABOUT YEARS, OCC. BUSINESS, RIO. DOOR NO.2-2-96, OPP. SRI LAKSHMI HOTEL, 2ND 1 LANE, SAL NAGAR,', KANDUKURU TOWN, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, . REPRESENTED BY IT'S PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 212. 2. ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION, REP. BY ITS MANAGING DIRECTOR, RTC HOUSE, 3RD FLOOR, ,VIJAYAWADA - 520013. 3. KANDUKURU MUNICIPALITY, REP. BY ITS COMMISSIONER, KANDUKURU, PRAKASAM DISTRICT. 4. THE TOWN PLANNING OFFICER, KANDUKURU MUNICIPALITY, KANDUKURU, PRAKASAM DISTRICT. 5. THE ESTATE OFFICER, APSRTC, NELLORE, SPSR NELLORE DISTRICT. 6. THE DEPOT MANAGER, APSRTC, KANDUKUR, PRAKASAM DISTRICT. 7. MR PIDIKITI VENKATESWARLU, , S/O. VENKAIAH, AGED MAJOR, 2 OCC. BUSINESS, RESIDING NEAR SIVALAYAM, VARAPARLAVARIPALEM, KANDUKURU TOW , PRAKASAM DIST. ...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 declaraing the inaction of the respondents 1 to 6 in taking action on the representation of the petitioner dated.19.06.2026 with regard to the illegal and authorized constructions of 7th respondent in exceeding his leased property in an extent of 1283 Sq. Yards, Bit 1 and 2 of ID OS-15 of APSRTC, Kanduru Depot belongs to 5th 6th respondent and to declare the same as illegal, arbitrary, unjust and also in violation of Art 14,15,19(1)(g) and 350 of Constitution of India and Contrary to the settled law of principle and consequently direct the respondents 2 to 4 to take appropriate action on illegal and unauthorized construction being made by the 7th respondent exceeding his leased property in an extent of 1283 Sq. Yards, Bit 1 and 2 of ID OS-15 of APSRTC, Kanduru Depot in the interest of justice 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 pleased to direct the respondents to stop the illegal and unauthorized construction activity of the 7th respondent in an extent of 1283 Sq. Yards, Bit 1 & 2 of ID OS-15 of APSRTC, Kanduru Depot in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. DHEERA KANISHKA The Court made the following: 3 Order : The present petition is filed aggrieved by the inaction on part of respondent Nos. 3 and 4 against the unauthorized construction by respondent No.7. This Court by order dated 09.07.2026, directed the respondent Nos.3 and 4 to visit the subject site and verify the stage of construction and also verify the deviations, if any found, and submit a report before this court. This Court also directed respondent Nos.3 and 4 to take action against any unauthorized construction beyond the permitted area in accordance with law. 2. Today, when the matter is taken up for hearing, learned standing counsel appearing for respondent No. 3 and 4 has placed on record the report of the respondent Nos.3 and 4, and as seen from the report furnished the respondents have visited the site and have noticed several deviations. Show cause notices were issued to respondent Nos. 6 and 7 for stopping further construction and also sought explanation from the respondent Nos. 6 and 7 as to why the deviated and unauthorized construction should not be pulled down within a period of 15 days. 3. It is further submitted that the respondent Nos. 3 and 4 shall take appropriate action in accordance with the “Andhra Pradesh Municipal Corporation Act, 1965’1. 4. Learned counsel appearing for the petitioner also points out the deviations are notified in the provisional order dated 21.07.2026. Learned counsel appearing for respondent no. 7 submits that the petitioner has no 1 A.P Municipal Act, 1965 4 locus and that the writ petition is not maintainable. Be that as it may, the report of the respondent Nos. 3 and 4 is before this Court and the respondent Nos. 3 and 4 have already initiated action in terms of the AP Municipalities Act, 1965 by issuing the provisional order dated 31.07.2026. Further orders to be issued in accordance with law after receiving the response or explanation from the respondent No.7. 5. With these observations, the writ petition stands closed. Pending miscellaneous petition, if any, shall stands closed. ____________________ JUSTICE HARINATH.N 06.08.2026 CMK 5 144 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18541/2026 06.08.2026 CMK