SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(AP) 1005

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD, J.
Kareem Khan, S/o. Babu Khan - Petitioner
Versus
The State of Andhra Pradesh, Rep. by Its Principal Secretary to Municipal Administration and Urban Development Department - Respondent
Writ Petition No. 9428 of 2025
Decided On : 05-05-2026

Advocates Appeared:
For the Petitioner: Masalegar Hidayathulla.
For the Respondent: GP For Municipal Admn Urban Dev, A.S.C. Bose (SC For Municipal Corporations AP), Ch. S.V. Suraj, S. Lakshminarayana Reddy, Shaik Md. Umar Abdullah.

ORDER :

Heard Sri O. Manohar Reddy, learned Senior Counsel representing Sri M. Hidayathulla, learned Counsel for the Writ Petitioner, Sri A.S.C. Bose, learned Standing Counsel for Respondent No.3, Sri Ch. S.V. Suraj, learned Counsel for the Respondent Nos.7 to 11 and Sri S. Lakshminarayana Reddy, learned Counsel for Respondent No.13.

2. The present Writ Petition is filed seeking following relief:

“For the above reasons, it is prayed that this Hon’ble Court may be pleased to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the official respondents in not removing the wall which was illegally constructed by the unofficial respondents on the public municipal road thereby closing the entrance of petitioner's residential house bearing door no.10-1, Bosu Bomma Centre, Tadepalli, Mangalagiri Mandal, Guntur District from the northern side municipal road in spite of the Injunction Order granted in favour of the petitioner on 23.07.2019 by the Hon'ble Principal Junior Civil Judge, Mangalagiri in I.A.No.1305 of 2019 in O.S.No.156 of 2019 is being illegal, arbitrary, unconstitutional and in violation of Article 14, 21 & 300-A of Constitution of India, 1950 and consequentially direct the official respondents to remove the illegal wall constructed by the unofficial respondents on the northern side municipal road of the petitioner's property by considering his representations dated 28.02.2025 thereby taking necessary action as against them and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

3. At the admission stage, My Predecessor had passed an Interim Order on 06.01.2026. The relevant portion of the said Order is usefully extracted hereunder:

“……………………………………………………………

……….....................................................................................

...............................................................................................

.............................................................................................

The compound wall is erected blocking the access of the petitioner and in such circumstances, it is the duty of the 3rd respondent to take action and ensure restoration of access to the petitioner to the northern side road. Accordingly, the 3rd respondent shall take appropriate steps and grant access to the petitioner towards the northern side by removing the illegally erected compound wall.”

Background Facts in Brief:

4. The facts in this case would reflect a chequered litigation history and an abuse of process by the Writ Petitioner herein. The Writ Petitioner herein is the sole Plaintiff in O.S.No.156/2019 and O.S.No.313/2023, which are pending before the learned Civil Judge (Junior Division), Mangalagiri. O.S.No.156/2019 is filed by the Writ Petitioner/Plaintiff seeking Permanent Injunction against certain private individuals (Respondent Nos.7 to 11 herein). O.S.No.313/2023 is filed against Mangalagiri Tadepalli Municipal Corporation and its Superintending Engineer (Respondent Nos.3 & 4 herein respectively) seeking Permanent Injunction against the Corporation. The Writ Petitioner/Plaintiff filed I.A.No.1305/2019 in O.S.No.156/2019 seeking Ex parte Temporary Injunction. This Interlocutory Application, after contest, was allowed by the learned Principal Civil Judge (Junior Division), Mangalagiri on 23.07.2019, restraining the Defendants/Respondents therein and their men etc., from causing any manner of interference to the Petitioner’s peaceful possession and enjoyment of the Suit Schedule Property and passage of its northern side till disposal of the Suit. The Writ Petitioner/Plaintiff has also filed I.A.No.593/2023 in O.S.No.313/2023 against the Corporation seeking Interim Injunction. However, the record in this Writ Petition does not disclose whether any Interim Order has been passed in I.A.No.593/2023 in O.S.No.313/2023 or not.

5. During the pendency of the abovementioned two Suits fil

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top