Thota Nagaraju vs The State Of Andhra Pradesh
2023 Latest Caselaw 2946 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

           WRIT PETITION NO. 9876 OF 2023

JUDGMENT:-

1)    Heard Sri. M. Sohail Shareef, Advocate, representing

Sri. Sivaprasad Reddy Venati, learned Counsel for the

Petitioners, learned Government Pleader for Municipal

Administration and Urban Development for the Respondent

No.1, Sri. P. Anand Surya, Advocate, representing Sri. Kalava

Suresh Kumar Reddy, learned Standing Counsel for the

Respondent No. 2, Sri. K. Srinivasulu Reddy, learned

Standing Counsel for the Respondent No. 3 and learned

Government Pleader for Revenue - Respondent No.4.

2) This petition was filed for Writ of Mandamus for

direction to the Respondents to consider the Petitioners'

representations, dated 07.03.2023 and 08.4.2023, for

removal of the alleged encroachment by the 5th

Respondent, for which the notice was also issued by the

Municipal Corporation.

3) On 20.04.2023, time was granted to learned Standing

Counsel for the 2nd Respondent to obtain instructions as to

what action has been taken pursuant to the notice issued

to the 5th Respondent, as also on the Petitioners'

representations.

4) Sri. P. Anand Surya, based on the instructions

submitted on 04.05.2023 that the decision on the Petitioners'

representation was being taken and was under examination

and the speaking order will be passed.

5) Today, Sri. P. Anand Surya, has placed before the Court

the Order passed by the Commissioner, Nellore Municipal

Corporation, vide RC No. 496610/2023/G2, dated

04.05.2023, deciding the Petitioners' representations by

speaking order. In the said Order, it is also mentioned that

the notice was issued to the 5th Respondent under Sections

452 and 461 of H.M.C. Act, 1955, to stop unauthorized

construction, but, thereafter, the 5th Respondent obtained

building permission on 17.06.2019 and consequently no

action was taken on the notice issued, which is deemed to

have been cancelled.

6) Copy of the Order, dated 04.05.2023, has been given to

the learned Counsel for the Petitioners.

7) In view of the aforesaid, the petition is dismissed. If the

Petitioners have any grievance with respect to the Order,

dated 04.05.2023, it is open for the Petitioners to take

appropriate remedy before the appropriate forum, if so

advised.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J Date: 08.05.2023.

SM/NKA.

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 9876 OF 2023

Date: 08.05.2023

SM/NKA