IN THE HIGH COURT OF ANDHRA PRADESH ;; FRinAv FRIDAY, THE TWENTY ■■■ AIWARAVATI n) fourth day of JANUARV^X wo THOUSAND AND ^twenty five o ■o p present the honourable 5^!®ULPei!T!onnos. SMT JUSTICE V.SUJATHA ^giaaj8187. 281«« 28189. 2«iq'>^ and 28195 OF ?ni4 VmiTPEllTION^ Between; 28190 OF ?ni^ Mosa Mamata, W/o Anand, Dummulapeta, Kak/nada, aged 25 years. Hindu East Godavari District. R/o.Mosavari Street, ...PETITIONER Secretariat, HyZrabti' Kakinada, EastGodavll 0!^*'°"' "" ^-'’-absildar, Kakinada urban Mandal, Kakrnada, East Godavari AND E Ehe State of Andhra Administration, 2- The Kakinada Pradesh, oner, District. Petit/on under Article ■■•respondents 226 of the Constitution 'n the affidavit filed or direction the circumstances stated he pleased to i of India praying that in therewith, the High r particularly one in the nature of notice, dt. 16-9-2014 Court may issue a Writ more Writ of Mandamus, respondent Corporation declaring the under Sections issued by the 2^'^ Hyderabad 401, 405 and 406 of high handed Act. 1955 Municipal trying to in Ward No.2, and also the petitioner from the Town S.N01984, dispossess the Block No.48, ^ East Godavari demolish action in subject Mosavari street, consequently direct constructed by the property situated i Dummalapeta district basement Kakinada and the the respondent not to petitioner and also not td dispossess the petitioner from the 1984, Mosavari property situated i street, No.48, Town S.No. 'n Ward No.2, Block Dummalapeta, Kakinada, Godavari District. East Petition under Section stated in the affidavit !^2i-35300 0F2014) 151 CPC praying that in the ciCircumstances may be petitioner No.48, East Godavari filed in support of the petition pleased to direct the 2"^^ forcibly from the High Court respondent herein not to dispossess the extent of 40 Mosavari street, pending disposal of the Writ sq.yards situated i'n Ward No.2, Block Dummalapeta, Kakinada, Petition. Town S.Nol984, district NQi_35301^F201^ J Petition under Section 151 CPC stated in the affidavit pleased to direct the praying that in the cicircumstances may be filed in support of the petition nnd ’ ^ respondent herein the High Court not to demolish the constructed by the No.2, Block Kakinada, East Godavari district Counsel for the Petitionei Counsel for the Respondent basement petitioner in No.48, Town an extent of 40 sq.yards situated in Ward Mosavari street, pending disposal of the Writ r- SRI E. V. V. S. S.No.1984 Dummalapeta; Petition. RAVI KUMAR municipal URBAN development KRISHNA RAO, SC FOR municipal corporations No.3: GP FOR REVENUE No.1; GP FOR administration and Counsel for the Respondent Counsel for the Respondent ^^^^SiLPETITION Mn- Between: Ganagala Maramma, Street, Dummulapeta No.2; SRI M. iMiSTOFZOU W/o. Bhulokam, Aged 30 years, Hindu, R/o ' Godavari District Mosavari -PETITIONER 3 AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration , Secretariat, Hyderabad 2. The Kakinada Municipal Corporation, rep. by its Commissioner, Kakinada, East Godavari District 3. The Tahsildar, Kakinada Urban Mandal, Kakinada, East Godavari District ...RESPONDENTS 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 to issue a writ or direction more particularly one in the nature of writ of mandamus declaring the notice dated 16.9.2014 issued by the 2 respondent under Section 401,405,and 406 of Hyderabad Municipal Corporation Act 1955 and also the high handed action in trying to dispossess the petitioner from the subject property situated in Ward No.2 Block 48 town S.No. 1984 Mosavari street, Dummalapeta ,Kakinada East Godavari District and consequently direct the respodnent not to demolish the basement constructed by the petitioner and also not to dispossess the petitioners from the property situated in Ward No.2 Block No.48, Town S.No.1984 Mosavari street, Dummalapeta, Kakinada, East Godavari District. nd I.A. NO: 1 OF 2014fWPMP. NO: 35294 OF 20141 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 2"^^ respondent herein not to demolish the basement constructed by the petitioner in an extent of 40 sq.yards situated in Ward.No.2 Block No.48 town S.No.984 Mosavari Street, Dummalapeta, Kakinada, East Godavari District pending disposal of the writ petition. LA. NO: 2 OF 2014(WPMP. NO: 3529fi OF 2014) praying that in the circumstances in support of the petition, the High Court may not to dispossess the petitioner sq.yards situated in Ward No.2 Block No.48 town No. 1984 Mosavari Street, Dummalapeta,Kakinada, pending disposal of the writ petition. Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 2^^ respondent herein forcibly from extent of 40 East Godavari District Counsel for the Petitioner: SRI E. V. V. Counsel for the Respondent No.1; GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS GP FOR REVENUE S. RAVI KUMAR Counsel for the Respondent No.2: SRI M. Counsel for the Respondent No.3: WRIT PETITION NO: 28188 OF 2014 Between: Pampana Sitamma, W/o Subba Rao, Aged “ Street, Dummulapeta, Kakinada, East Godavari District, 45 years, Hindu, R/o.Mosavari ...PETITIONER AND 1. The State of Andhra Pradesh rep. by its Principal Secretary Municipal Administration, Secretariat, Hyderabad. 2. The Kakinada Municipal Corporation, Rep. By its Commissioner, Kakinada, East Godavari District. 3. The Tahsildar, Kakinada Urban Mandal District Kakinada, East Godavari ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ or direction more particuiarly one in the nature of Writ of Mandamus, declaring the notice, dt.16-9-2014 issued by the 2nd respondent under Sections 401, 405 and 406 of Hyderabad Municipal Corporation Act, 1955 and also the high handed action in trying to dispossess the petitioner from the subject property situated in Ward No.2, Block No.48, Town S.No4984, Mosavari street, Dummalapeta, Kakinada, East Godavari district and consequently direct the respondent not to demolish the basement constructed by the petitioner and also not to dispossess the petitioner from the property situated in Ward No.2, Block No.48, Town S.No.984, Mosavari street, Dummalapeta, Kakinada, East Godavari District. I.A. NO: 1 OF 2014(WPMP. NO: 35296 OF 20141 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 2^^ respondent herein not to dispossess the petitioner forcibly from extent of 40 sq.yards situated in Ward No.2, Block No.48, Town S.No4984, Mosavari street, Dummalapeta, Kakinada, East Godavari district, pending disposal of the Writ Petition. I.A. NO: 2 OF 2014rWPI\/IP. NO: 35297 OF 20141 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 2^^ respondent herein not to demolish the basement constructed by the petitioner in an extent of 40 sq.yards situated in Ward No.2, Block No.48, Town S.No.1984, Mosavari street, Dunimalapeta, Kakinada, East Godavari District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI E. V. V. S. RAVI KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3: GP FOR REVENUE WRIT PETITION NO: 28189 OF 2014 Between: Rasipalli Adavamma. W/o.Sathibabu. Aged 37 years. Hindu. R/o.Mosavari Street. Dummulapeta. Kakinada. East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh rep. By its Principal Secretary. Municipal Administration. Secretariat. Hyderabad. 2. The Kakinada Municipal Corporation. Rep. By its Commissioner. Kakinada. East Godavari District. 3. The Tahsildar. Kakinada Urban Mandal. Kakinada. East Godavari District. ...RESPONDENTS 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 to issue a writ or direction more particularly one in the nature of Writ of Mandamus, declaring the notice, dated 16-09-2014 issued by the 2nd respondent under Sections 401, 405 and 406 of Hyderabad Municipal Corporation Act, 1955 and also the high handed action in trying to in Ward No. 2. dispossess the petitioner from the subject property situated Block No. 48. Town S.No. 1984. Mosavari street. Dummalapeta, Kakinada East Godavari district and consequently direct the respondent not to demolish the basement constructed by the petitioner and also not to dispossess the petitioner from the property situated in Ward No. 2. Block No. 48. Town S.No. 984. Mosavari street Dummalapeta. Kakinada. East Godavari District. I.A. NO: 1 OF 2014fWPMP. NO: 35298 OF 2014) Petition under Section 151 CPC praying that in the circumstanced stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"" respondent herein not to dispossess the petitioner 7 forcibly from extent of 40 sq.yards situated in Ward No.2, Block No. 48, Town S.No. 1984, Mosavari street, Dummalapeta, Kakinada, East Godavari district, pending disposal of the Writ Petition. I.A. NO: 2 OF 2014(WPI\/IP. NO: 35299 OF 2014) 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 2"^^ respondent herein not to demolish the basement constructed by the petitioner in an extent of 40 sq.yards situated in Ward No. 2, Block No. 48, Town S.No. 1984, Mosavari street, Dummalapeta, Kakinada, East Godavari district, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI E. V. V. S. RAVI KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3; GP FOR REVENUE WRIT PETITION NO: 28192 OF 2014 Between: Chokka Malleswari, W/o. Jagannadha Rao, Aged 35 years, Hindu, R/o.Mosavari Street, Dummulapeta, Kakinada, East Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. By its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2. The Kakinada Municipal Corporation, Rep. By its Commissioner, Kakinada, East Godavari District. 3. The Tahsildar, Kakinada Urban Mandal, Kakinada, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ or direction more particularly one in the nature of Writ of Mandamus, declaring the notice dt.16-9-2014 issued by the 2nd Hyderabad Municipal high handed action in trying to situated in Ward No.2, street, Dummalapeta, Kakinada, respondent under Sections 401, 405 and 406 of Corporation Act, 1955 and also the dispossess the petitioner from the subject property Block No.48, Town S.No.984, Mosavari East Godavari district and consequently direct the respondent not to demolish the basement constructed by the petitioner and also not to dispossess the petitioner from the property situated in Ward No.2, Block No.48, Town S.No.1984, Mosavari street Dummalapeta, Kakinada, East Godavari District. LA. NO: 1 OF 2014(WPMP. NO: 35303 OF ?ni4) Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be to dispossess the petitioner pleased to direct the 2'^'^ respondent herein not forcibly from extent of 40 sq.yards situated in Ward No.2, Block No.48; Town S.No1984, Mosavari street, Dummalapeta Kakinada, East Godavari district, pending disposal of the Writ Petition. I.A. NO: 2 OF 2014(WPMP. NO: 35304 OF 9nid} Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pleased to direct the 2^^ respondent herein not to demolish the basement constructed by the petitioner in an extent of 40 sq.yards situated in Ward No.2, Block No.48, Town S.Noi984 Mosavari street, Dummalapeta; Kakinada, East Godavari district, pending disposal of the Writ Petition. Counsel for the Petitioner; Counsel for the Respondent SRI E. V. V. S. RAVI KUMAR No.1: GP FOR MUNICIPAL administration and urban No.2; SRI M. KRISHNA development RAO, SC FOR municipal corporations No.3; GP FOR REVENUE Counsel for the Respondent Counsel for the Respondent WRIIPETITIONNO; Between: Mosa Baby, w/o Daniel, Dummulapeta, Kakinada 28193 OF Aged 30 ; East Godavari District. years, Hindu, R/o.Mosavari Street, -petitioner AND E The State of Andhra Pradesh Administration, Secretariat, 2. The Kakinada Municipal Corporation Rep Bv its r Kakinada, East Godavari District. ' 3. The Tahsildar District rep. by its Principal Secretary, Municipal Hyderabad. ner. Kakinada Urban Mandal, Kakinada. East Godavari ...RESPONDENTS of India praying that in I, the High Court Petition under Article 226 of the Constitution the circumstances stated i be pleased to i in the affidavit filed therewith may particularly one in the nature of dt.16-9-2014 issued by the 2"“ of Hyderabad Municipal issue a writ or direction more Writ of Mandamus declaring the notice respondent under Sections Corporation Act, 401, 405 and 406 1955 and also the high handed dispossess the Block No.48, East Godavari demolish the action in trying to petitioner from the Town S.No.984 district and basement subject property situated i Mosavari street. in Ward No.2, Dummalapeta, Kakinada consequently direct the respondent not to constructed by the petitioner and also dispossess the not to in Ward No.2, Block petitioner from the property situated i 10 No.48, Town S.No.984 Godavari District. Mosavari street, Dummalapeta, Kakinada, East LA. NO: 1 OF 2Q14(WPMP NQl_35305 of t 151 CPC Petition under Section stated in the affidavit filed i pleased to direct the 2 praying that in the circumstances the High Court may be the basement in support of the petition, nd respondent herein not to demolish constructed by the petitioner iin an extent of 40 sq.yards situated in Ward Mosavari street, No-2, Block No.48 Town S.No1984, Kakinada, East Godavari district Dummalapeta, . pending disposal of the Writ Petition. IA.NO:2OF?014fWPMP Mn. ^,530^ Petition under Section 151 rpr stated in the affidavit filed in support of the pTfL lhe H^h pleased to direct the 2'^^ r^^cn ^ ^ ^ torciblv from e , ot 4 h " Town S UomT ' ' N-48 Counsel for the Petitioner:: Counsel for the Respondent SRI E. V. V. S. RAVI KUMAR No.1: GP FOR MUNICIPAL administration and urban No.2: SRI M. KRISHNA RAO municipal corporations development Counsel for the Respondent SC FOR Counsel for the Respondent No. 3: GP FOR REVENUE WRIT PETITION NQ; 2819.*^ r>F 2014 Between: Perla Durga Rao, S/o. Sathi Raju, Aged 46 Dummulapeta, Kakinada, East Godavari years, R/o.Mosavari Street, District •..petitioner 11 AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad. 2. The Kakinada Municipal Corporation, rep. by its Commissioner, Kakinada, East Godavari District 3. The Tahsildar, Kakinada Urban mandal,, Kakinada, East Godavari District ...RESPONDENTS 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 to issue a writ or direction more particularly one in the nature of writ of mandamus declaring the notice dated 16.9.2014 issued by the 2 respondent under Section 401,405,and 406 of Hyderabad Municipal Corporation Act 1955 and also the high handed action in trying to dispossess the petitioner from the subject property situated in Ward No.2 Block 48 town S.No.984 Mosavari street, Dummalapeta ,Kakinada East Godavari District and consequently direct the respodnent not to demolish the basement constructed by the petitioner and also not to dispossessthe petitionesr from the property situated in Ward No.2 Block No.48, Town S.No.984 Mosavari street, Dummalapeta, Kakinada, East Godavari District. nd I.A. NO: 1 OF 2014(WPMP. nd I.A. NO: 1 OF 2014(WPMP. NO: 35308 OF 2014) 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 2"*^ respondent herein not to dispossess the petitioner forcibly from extent of 40 sq.yards situated in Ward.No.2 Block No.48 town S.No.984 Mosavari Street, Dummalapeta,Kakinada East Godavari District pending disposal of the writ petition. 12 I.A. NO: 2 OF 2014(WPMP. NO: 35309 OF 2014) 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 2"^^ respondent herein not to demolish the basement constructed by the petitioner in an extent of 40 sq.yards situated in Ward No.2 Block No.48 Town S.No.984 Mosavari Street, Dummalapeta, Kakinada, East Godavari District pending disposal of the writ petition. Counsel for the Petitioner: SRI E. V. V. S. RAVI KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: COMMON ORDER APHC010602892014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28190/2014 Between: Mosa Mamata, ...PETITIONER AND PrI Secy Municilpal Admn Hyd 2 Others and Others Counsel for the Petitioner: ...RESPONDENT(S) TEWS RAVI KUMAR Counsel for the Respondent(S): 1. 2.M Krishna Rao SC for ski vzm kkd Municipal Corporations 3.GP FOR REVENUE (AP) 4.GP-MUNCIPAL ADMN AND URBAN DEV(AP) WRIT PETITION NO: 28187/2014 Between: Ganagala Maramma ...PETITIONER AND The State Of Ap Municipal Admn 2 Others and Others Counsel for the Petitioner: ...RESPONDENT(S) TEWS RAVI KUMAR Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2,GP FOR REVENUE (AP) 3.GP-MUNCiPAL ADMN AND URBAN DEV(AP) WRIT PETITION NO: 28188/2014 Between: Pampana Sitamma, E.g. Dist ...PETITIONER AND PrI Secy Municipal Administration Hyd 2 Ot and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.E VVS RAVI KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3.A MALATHI(S C FOR MUN CORP OF KAKINADA) WRIT PETITION NO: 28189/2014 Between: Rasipalli Adavamma, Eg District ...PETITIONER AND PrI Secretary Municipal Admin Hyderabad 2 Others and ...RESPONDENT(S) Others Counsel for the Petitioner: 1.E VVS RAVI KUMAR Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR REVENUE (AP) 3.GP-MUNCIPALADMN AND URBAN DEV(AP) 4.A MALATHI(S C FOR MUN CORP OF KAKINADA) WRIT PETITION NO: 28192/2014 Between: Chokka Malleswari, E.g.dist ...PETITIONER AND PrI Secy Mun Admn State Of Ap Hyd 2 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.E VVS RAVI KUMAR Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2. 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) WRIT PETITION NO: 28193/2014 Between: Mosa Baby ...PETITIONER AND State Of Ap PrI Scy M A D Hyd 2 and Others Counsel for the Petitioner: ...RESPONDENT(S) TEWS RAVI KUMAR Counsel for the Respondent(S): 1. 2.M Krishna Rao SC for ski vzm kkd Municipal Corporations 3.GP FOR REVENUE (AP) 4.GP-MUNCIPAL ADMN AND URBAN DEV(AP) WRIT PETITION NO: 28195/2014 Between: Perla Durga Rao ...PETITIONER AND The State Of Ap Municipal Admn Dept 2 Others and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.E VVS RAVI KUMAR Counsel for the Resppndent(S): 1. 2.GP FOR REVENUE (AP) 3. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following: N 1, COMMON ORDER: All these petitions are filed claiming same relief, by different petitioners, challenging the notice dated 16.09.2014 issued by the 2'^'^ respondent under Sections 401,405 and 406 of Hyderabad Municipal Corporation Act, 1955 and also the high handed action in trying to dispossess the petitioners from the subject property situated in Ward No.2, Block No.48, Town S.No1984 Mosavari street, Dummaiapeta, Kakinada, East Godavari district. Therefore this Court is of the view that it is appropriate to decide all the petitions by common order taking Writ Petition No.28190 of 2014 as leading petition. W.P.No.28190 of 2014 came to be filed under Article 226 of the 2. Constitution of India seeking the following relief:- “....to issue a writ or direction more particularly one in the nature of Writ of Mandamus, declaring the notice, dt. 16-9-2014 issued by the 2" respondent under Sections 401, 405 and 406 of Hyderabad Municipal Corporation Act, 1955 and also the high handed action in trying to dispossess the petitioner from the subject property situated in Ward No.2, Block No.48, Town S.No1984, Mosavari street, Dummaiapeta, Kakinada, East Godavari district and consequently direct the respondent not to demolish the basement constructed by the petitioner and also not to dispossess the petitioner from the property situated in Ward No.2, Block No.48, Town S.No1984, Mosavari street, Dummaiapeta, Kakinada, East Godavari district, and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case...” The petitioner herein is the owner of the land to an extent of 40 square yards in 11*'' division in P.S. No. 1984 and got the property under patta 3. vide Ref.No.B90/2008; ever since the petitioner is in possession of the said property. While so, on 16.09.2014, the 2"^ respondent has issued stating that the 2"*^ respondent has conducted an inspection on 18.08.2014 and found that the petitioner made a basement by occupying the land in Ward No.2, Block No.48 town Sy.No.1984 part and as per the TSFR, it is shown a notice as poramboke and village site. It is further stated that the construction the petitioner is without obtaining any permission and made by as such, the petitioner was directed to remove the said illegal construction within three days from receipt of the said notice, failing which the said constructions the would be removed by the Municipal Corporation as per Sections 401, 405 and 406 of the Municipal Corporation Act, 1955. The action of the 2 nd respondent in trying to dispossess the petitioner from the subject property situated in Ward No.2, Block No.48, Town Sy.No.1984, Mosavari Street Dummalapeta, Kakinada, East Godavari District by way of issuance of the notice dated 16.09.2014 i‘ IS being challenged in the present petition. 4. When the writ petition came up for hearing on 19.09.2014, this Court has passed the following interim order: The petitioner shali not undertake any further construction, she shali take photographs of the construction so far made by her from all the four sides and lodge one such set of photographs with the office of the Commissioner. Municipal Corporation, Kakinada and also with the Registrar (Judicial) of this Court kept on the file of this case. Such photographs will be utilized for the verification at any later point of time. Since the Tahasildar, Kakinada Urban Mandat has intimated to the Municipal Corporation that the pattas referred to by the petitioner are not traced in the Government record at all, it shall be open to the petitioner to approach the Tahasildar, Kakinada Urban Mandat within from today and produce the patta certificates in original in her possession and to be purpose of one week I ' y f secure an appropriate certification from the Tahasildar that the certificate is a genuine one. Tili then, she shall not deal with the land in question in any other manner. ” Heard learned counsel for the petitioner, learned Government 5. Pleader for Municipal Administration and Urban Development, Sri. M. Krishna Rao, learned Standing Counsel for Municipal Corporation and learned Government Pleader for Revenue. During the course of arguments, learned Standing Counsel has 6. contended that though this Court, by way of an interim order, has directed the petitioner to take photographs of the construction made as on that day from all the four sides for lodging the same in the office of the Commissioner, Municipal Corporation, Kakinada and though the petitioner was directed to approach the Tahasildar, Kakinada Urban Mandal for producing the original patta certificate which is in her possession, till date, the petitioner has not complied with the same. Learned counsel for the petitioner has also admitted the said fact. As the petitioner has not produced the original patta certificate before the Tahasildar, Kakinada Urban Mandal even as on today in pursuance 7. of the interim order, this Court feels it appropriate to dispose of the writ petition in the same lines as that of the interim order. In view of the above detailed discussion, W.P.Nos. 28187, 28188, 8. 28189, 28192, 28193 and 28195 of 2014 are also liable to be disposed of. n Accordingly, since the Tahasildar, Kakinada Urban Mandal has ■ 9. intimated to the Municipal Corporation that the pattas referred to by the petitioners are not traced in the Government record at all, it shall be open to the petitioners to approach the Tahasildar, Kakinada Urban Mandal within a period of two (2) weeks from the date of receipt of a copy of this order to produce the patta certificates in original in their possession and secure an appropriate certification from the Tahasildar that the certificate is a genuine nd one and thereafter furnish the said certificate to the 2 respondent corporation: upon receipt of the same, the 2'^'^ respondent shall initiate further course of action, in accordance with law. Accordingly, the notice dated 16.09.2014 is hereby set-aside. The said process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to dispossess the petitioners from their subject property, without following due process of law. Accordingly, with the above directions, these writ petitions are 10. disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR I //TRUE COPY// SECTION OFFICER To Principal Secretary, Municipal Administration, State of Andhra 1. The Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Kakinada Municipal Corporation, Kakinada, East Godavari District. 3. The Tahsildar, Kakinada Urban Mandal, Kakinada, East Godavari District. 14 One CC to Sri V. Ramanjaneyulu, Advocate [OPUC] One CC to Sri M. Krishna Rao, SC for Municipal Corporations Advocate [OPUC] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 4. 5. 6. 7. 8. ssb 16 •«*#>**' HIGH COURT DATED:24/01/2025 COMMON ORDER WP.Nos.28190, 28187, 28188, 28189, 28192, 28193 and 28195 of 2014 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS