APHC010335472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 17107/2024 Between:

S. Shoba ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S):

1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities

2. SAIDULU S K

3. GP FOR REGISTRATION AND STAMPS

4. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:

ORDER:-

This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief:

“…to issue a Writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the inaction on the part of Respondent No.2 in taking necessary action against un authorized lay out constructions laid by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac.3-52 Cents in Survey No.398, an Extent of Ac.1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area, Anantapur District without having valid permit as illegal, arbitrary, against the principles of natural justice and consequently direct the Respondent No.2 to remove the illegal lay out laid along with road, drains constructed thereon by the Respondents 4 to 9 in Agriculture Land admeasuring an extent of Ac.3-52 Cents in Survey No.398, an Extent of Ac.1-60 Cents in Survey No.399 situated at Rayadurgam Municipality Area Anantapur District and further direct the Respondent No.2 to intimate the Respondent No.3 to not to receive and process any registration pertaining to unauthorized plots in Survey Numbers 398, 399 situated at Rayadurgam Municipality Area, Anantapur District...”

2. The case of the petitioner is that the petitioner jointly owns agriculture land admeasuring an extent of Ac.3.52 cents in Sy.No.398 and an extent of Ac.1.60 cents in Sy.No.399, situated at Rayadurgam Village and Mandal, Anantapur District, along with legal heirs of Late S.Naga Bushanam-namely, Gopal, Susheelamma, Gururaja, who are co-sharers of land in issue. The petitioner is entitled to 1/4^th share in agriculture land, having inherited it from her father Late Venkatesappa, who had purchased the lands in the name of his mother during his lifetime under registered sale deeds dated 01.03.1967 and 22.08.1969. As the co-sharers failed to come forward for the partition of lands in issue, despite several requests, the petitioner filed a suit in O.S.No.104 of 2017, seeking a decree for partition and separate possession of the joint family property. The suit is now pending for adjudication.

3. It is further submitted that, as the matter stood thus, in December 2023, the petitioner observed that respondent Nos.4 to 7, the legal heirs of late S.Naga Bushanam (who passed away during pendency of partition suit), along with respondent Nos.8 and 9 have been changing the nature of the suit subject land by dividing the same into open plots amid publicity to dispose of by laying plots, through illegal layout in the name and style ‘Padmavathi layout’ in Sy.Nos.398, 399 situated at PSR school, BTP Main Road, Rayadurgam Municipality. This has been carried out without converting the land for non-agricultural purposes, as it still remains under Revenue survey numbers. Upon receiving information about the illegal and unauthorized layout, the 2^nd respondent has initiated proceedings by issuing notice dt.27.12.2023, as contemplated under Section 184 of Andhra Pradesh Municipalities Act, 1965, directing respondent Nos.4 to 9 to stop further work and remove the unauthorized lay out. However, apart from issuing notice, no further steps have been taken against them. Subsequently, the petitioner submitted a representation dt.16.04.2024, requesting respondent No.2 to take necessary steps, but no action has been taken except issuing another notice dated 23.0