P. Venkata Ramana Vs Government of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

P. Venkata Ramana Vs Government of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed on recording the 6th respondent's memo of undertaking; building at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 restricted to residential use only; unauthorized construction to be dealt with by the 3rd respondent (Kakinada Municipal Corporation) in accordance with law after due process; pending miscellaneous petitions closed; no order as to costs.

Issue for consideration

Whether the unauthorized structure constructed by the 6th respondent at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2, and its use for non-residential/religious purposes, ought to be stopped/removed and the building confined to residential use. +2 more

Court's answer

Recording the undertaking filed by the 6th respondent, it was made clear to the respondents to ensure that the building at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 shall be used for residential purposes only.

Ratio / Principle

The unauthorized construction shall be dealt with by the 3rd respondent (Kakinada Municipal Corporation) in accordance with law, after following the due process of law.

Detailed headnote1 paragraphs

Writ petition under Article 226 of the Constitution (mandamus) by four Kakinada residents aggrieved by the alleged unauthorized construction at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 by the 6th respondent and its use for non-residential/religious purposes, and the respondents' inaction. The High Court (Harinath N, J.; decision dated 22.11.2025) disposed of the petition upon recording the 6th respondent's memo of undertaking (she being aged about 71 years and not intending to use the building for any non-residential purpose, including as a prayer hall). The Court made it clear that the building shall be used for residential purposes only, and that the unauthorized construction shall be dealt with by the 3rd respondent (Kakinada Municipal Corporation) in accordance with law after following due process. Pending miscellaneous petitions were closed and there was no order as to costs.

1

HN, J

W.P.No.32860_2011

APHC010127912011

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3457]

SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32860/2011

Between:

P. VENKATA RAMANA, S/O LATE SRI P. GAVARARAJU EMPLOYEE 44-12-13, PARADESAMMAPETA, KAKINADA-2.

M. SEETHAYYA NAIDU, S/O SRI SURYA PRAKASA RAO EMPLOYEE R/O 58-2-10, GOLILAPETA, KAKINADA-2.

M. SURYA PRAKASA RAO, S/O LATE SRI MACHA MAHALAKSHMI BUSINESS R/O 58-2-36, GOLILAPETA, KAKINADA-2.

A. SRINIVASA RAO, S/O SRI. A. THATABBAI BUSINESS R/O 58-1424, GOLILAPETA, KAKINADA-2.

...PETITIONER(S)

AND

1. GOVERNMENT OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARAIT BUILDINGS, HYDERABAD.

THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA.

THE KAKINADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIOENR, KAKINADA, EAST GODAVARI DISTRICT.

THE TAHSILDAR, KAKINADA MANDAL, KAKINADA, EAST GODAVARI DISTRICT.

THE SUPERINTENDENT OF POLICE, EAST GODAVARI DISTRICT, KAKINADA.

SMT MALLADI BHASKARAMALA, W/O M. BHARAVA SWAMY D.NO. 58-2-9, MAMIDIPALLIVARI STREET, JAGANNAICKPUR, KAKINADA2, EAST GODAVARI DIST.

...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 toto issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not

2

HN, J

W.P.No.32860_2011

stoppint he illegal construction at Door No. 58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 and usage of it for non-residential purposes as illegal, unconstitutional and consequently direct the respondents to remove the illegal construction at D.No. 58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 and take steps to ensure that this building is not used for nonresidential purposes including prayer hall, church etc., and pass

IA NO: 1 OF 2011(WPMP 40836 OF 2011

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 respondents to stop all further activities at D.No. 58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2 including construction, finishing or using it for religious purposes and pass

IA NO: 1 OF 2012(WVMP 2093 OF 2012

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 vacate the interim stay dt. 14-12-2011 passed in WPMP No. 40836 of 2011 in WP No. 32860 of 2011

IA NO: 1 OF 2017(WPMP 33182 OF 2017

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 fix an early date for hearing the above writ petition and pass Counsel for the Petitioner(S):

1.K S MURTHY

Counsel for the Respondent(S):

1.M Krishna Rao SC for skl vzm kkd Municipal Corporations

2.S SRIDHAR

4.GP FOR HOME

5.P NITHYA NAGESWARI

6.GP FOR REVENUE

7.M L NEELIMA

8.GP FOR MUNCIPAL ADMN AND URBAN DEV

9.S TULASI DAS

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HN, J

W.P.No.32860_2011

ORDER:

The learned Senior counsel appearing for the petitioners submits that the writ petition was filed aggrieved by the inaction on the part of the unofficial respondents in preventing the illegal construction at Door No.58-2-

9, Mamidipallivari Street, Jagannaikpur, Kakinada-2, and its use for nonresidential/religious purposes.

It is submitted that the petitioners, who are fishermen by occupation, have been visiting an old temple in the locality. The 6^th respondent has constructed an unauthorized structure at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2, and has been gathering people of other religion and converting the premises into a place of worship. It is submitted that the 2^nd respondent is required to grant permission for utilizing any building for religious purposes. It is also submitted that the 2^nd floor constructed at the said premises is in violation of the permission granted, and necessary action must be taken against the said unauthorized construction.

When the matter is taken up for hearing, the learned counsel appearing for the 6^th respondent has filed a memo of undertaking, duly stating that she is now aged about 71 years and that she does not intend to use the said building for any non-residential purpose, including as a prayer hall.

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HN, J

W.P.No.32860_2011

Recording the undertaking filed by the 6^th respondent, the present writ petition stands disposed off, making it clear to the respondents to ensure that the building at Door No.58-2-9, Mamidipallivari Street, Jagannaikpur, Kakinada-2, shall be used for residential purposes only. It is further made clear that the unauthorized construction shall be dealt with by the 3^rd respondent in accordance with law, after following the due process of law. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N

Date:22.11.2025 NKA

5

HN, J

8

W.P.No.32860_2011

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 32860 of 2011

Date: 22.11.2025

NKA