2025:APHC:55811 APHC010323932021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOS: 19435/2021 and 2142/2022 WRIT PETITION NO: 19435/2021 Between:

1. KONA SREEKANTH, S/O KONA DURGA AGED 28 YEARS OCC.

EMPLOYEE, R/O H.NO. 15/187, 15TH WARD, GUDIVADA, KRISHNA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AT VELAGAPUDI, GUNTUR DISTRICT.

2. THE GUDIVADA MUNICIPALITY, REP BY ITS MUNICIPAL COMMISSIONER GUDIVADA, KRISHNA DISTRICT,.

3. MACHU VENKATESWARA RAO, S/O MUNAIAHA AGED ABOUT 50 YEARS, OCC. BUSINESS, R/O. 15TH WARD, GUDIVADA, KRISHNA 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 to issue writ or direction preferably Writ of Mandamus, to declare the action of 2nd respondent not considering representation dt. 28.08.2021 for stop further construction and to removal of illegal construction making by the unofficial respondent, as illegal, arbitrary and against the provisions of Municipalities Act and against all the settled principles of law violation of principles of natural justice and violation of Articles 14, 21 and 300A of the Constitution of India and consequently direct the official respondent to stop said construction further and remove construction being undertaking the unofficial respondent make free to ingress and aggress the petitioner's property and pass IA NO: 1 OF 2021 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 to direct the official respondents to consider the representation dt. 28.08.202 by demolition the illegal construction by unofficial respondent pending disposal of the Writ Petition and pass IA NO: 1 OF 2022 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 \ to implead the proposed respondent i.e., Special Officer, District Collector, Revenue Divisional officer, Tahsidhar, Assistant Executive Engineer, Deputy Executive Engineer as respondents No. 4th to 9th as a party respondents in W.P.No.19435 of 2021 and in I.A. No.1 of 2021 and to pass IA NO: 1 OF 2025 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 Grant Leave to file a counter in the above W.P.No.19435 of 2021 and pass Counsel for the Petitioner:

1. B SRINIVASA RAO Counsel for the Respondent(S):

1. PENJURI VENUGOPAL

2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP )

3. GP FOR MUNCIPAL ADMN URBAN DEV WRIT PETITION NO: 2142/2022 Between:

1. MUCHHU VENKATESWARA RAO, S/O.MUNIYYA, AGED ABOUT 55 YEARS, OCC- AGRICULTURE DOOR NO.15/189, BOGGUBAZAR, SATYANARAYANAPURAM, GUDIVADA, KRISHNA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT.

3. THE MUNICIPAL COMMISSIONER, GUDIVADA MUNICIPALITY, GUDIVADA, KRISHNA DISTRICT.

4. KONA SREEKANTH S/O KONA DURGA, AGED ABOUT 28 YEARS, OCC EMPLOYEE, R/O H.NO.15/187, 15TH WARD, GUDIVADA, KRISHNA DISTRICT. R4 IS IMPLEADED AS PER THE COURT'S ORDER DT.14.10.2025 IN I.A.NO.01 OF 2025 ...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 to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respon