Mohammed Moosa vs The State Of Andhra Pradesh
2022 Latest Caselaw 7166 AP

         THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                  WRIT PETITION No. 29364 of 2022

JUDGMENT:

Heard Sri D. Krishna Murthy, learned counsel for the petitioners, Sri

Katta Sudhakar, learned AGP for Municipal Administration for respondent No.1,

Sri P. Anand Surya, learned counsel, representing Sri K. Suresh Kumar Reddy,

learned standing counsel for respondents No.2 & 3 and Sri K. Srinivasu Reddy,

learned standing counsel for respondent No.4.

2. For the order proposed to be passed, issuance of notice to the

unofficial respondents No.5, 6 and 7 is dispensed with.

3. With the consent of the learned counsels for the parties, the writ

petition is being decided at the admission stage.

4. This writ petition has been filed under Article 226 of the Constitution

of India for the following reliefs:

"...to issue a Writ of Mandamus or any other appropriate Writ Order or direction declaring the inaction on the part of the respondents 2 to 4 in stopping the illegal construction being made by the respondents 5 to 7 encroaching upon Master Plan public roads in Survey No.214 of Mamidalapadu village, Kurnool Mandal, Kurnool District, as illegal and arbitrary and issue consequential direction to the respondents 1 to 4 to immediately stop the illegal construction being made by the respondents 5 to 7 encroaching upon the Master Plan public roads and pass such other order or orders....."

5. Learned counsel for the petitioners submits that the unofficial

respondents 5 to 7 are raising some unauthorized construction occupying the RNT, J

public road shown in the master plan and adjoining the petitioners' property

with respect to which the petitioners approached the 4th respondent-Kurnool

Urban Development Authority, represented by Vice Chairman, Kurnool, Kurnool

District by filing representation dated 22.08.2022, upon which an Endorsement

Letter No.EDS/1016/2021/0602, dated 20.12.2021 was passed whereby the 6th

respondent's application was referred, but in spite thereof no further action was

taken.

6. Sri K. Srinivasu Reddy, appearing for respondent No.4, submits that

the Vice Chairman, Kurnool Urban Development Authority, Kurnool, vide

Lr.No.448/KUDA/Planning/3/2022-PO-II(KUDA), dated 01.09.2022, directed the

Commissioner, Kurnool Municipal Corporation, Kurnool, the 2nd respondent, to

take necessary action for stopping of further constructions by the unofficial

respondents, mentioning that they did not comply with the instructions

pursuant to the Endorsement EDS/1016/2021/0602, dated 20.12.2021 and the

subsequent Endorsement EDS/1016/2021/0635, dated 31.12.2021. Copy of the

endorsement dated 01.09.2022 as placed before the Court is taken on record

and the copy thereof has been given to the learned counsel for the petitioners.

7. Sri P. Anand Surya, learned counsel, representing respondents No.2 &

3, submits that pursuant to the directions dated 01.09.2022 from the 4th

respondent, the 2nd respondent shall taken necessary action in the matter, in

accordance with law, after affording opportunity of hearing to the unofficial

respondents 5 to 7.

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8. In view of the aforesaid submissions advanced, this Writ Petition is

being disposed of finally, with a direction to the 2nd respondent to look into the

matter, as directed by the 4th respondent, and pass appropriate orders, in

accordance with law, after affording opportunity of hearing to all the parties

concerned including the respondents No.5 to 7, with a period of 6 (six) weeks

from the date copy of this order is received by the 2nd respondent. The 4th

respondent shall also ensure that necessary further actions are taken by the 2nd

respondent pursuant to its order/endorsement dated 01.09.2022.

9. The Writ Petition stands disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in

consequence.

_______________________ RAVI NATH TILHARI, J Date: 19.09.2022 Dsr