I ■i IN THE HIGH OF ANDHRA PRADESH;;AMARAVATI (Special Original Jurisdiction) twenty EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY WRIT PETITION NO: 7760 OF VIJAY Between: R P Govindamma, W/o. (Late) R.P. Occ House wife, Presently residing 47630, USA. Rep by her GPA holder S. 48 years, R/o 8-1145, Gandhi Chowk Girijendra Kumar, Aged about 75 years, at 3079, Megan Dr New burgh, Indiana- Bhaskar, S/o Sankaraiah, Aged about Kalyanadurgam, Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, MA AND UD Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Anantapuramu 3. The Kalyanadurgam Municipality, Kalyanadurgam, Anantapur District. 4. The Superintendent of Police, Anantapur, Anantapur District. 5. The Deputy Superintendent District. 6. The Circle Inspector of Police Kalyanadurgam, Anantapur District. Planning Officer Kalyanadurgam, Anantapur District. Anantapur District. Rep. by its commissioner. of Police, Kalyanadurgam, Anantapur Kalyanadurgam Town Police Station 7. The Town Kalyanadurgam Municipality 8. Sri Yuvaraj, Age Major, Occ Circle Inspector, f Police Station, Kalyanadurgam, Anantapur District. 9. E.Jayaramulu, S/o Nagaraju, Aged employee, R/o D.No. 1-88, Fort street, Kalyanadurgam District. Kalyanadurgam Town about 65 years, Occ Retd, Town Anantapur 10. E.Sai Charan, S/o. Jayaramulu, Aged about R/o D.No. 1-88, Fort street, Kalyanadurgam Town, 39 years, Occ software, Anantapur District, years, Occ software, R/o D.No. 1-88, Fort street, Kalyanadurgam Town Anantapur District. 11. E. Kiran, S/o. Jayaramulu, Aged about 36 ...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 a Writ, Order may or Direction more particularly in the hature of a Writ of Mandamus declaring the actions of Respondents Nos. 3 AND 6 to 8 in attempting to demolish the Petitioners property bearing D.No. 9E-46 (Assessment No. No. 1575), situated in Survey No. 353-1 residential house 1158007701, Current Meter A, Kalyanadurgam Municipal Area Anantapur District, at the instigation of Respondent notice or any order of the competent Nos 9 to 11 without any court or authority as illegal, arbitrary and violative of the Petitioners fundamental rights under Articles 14, 21 and 300A of the Constitution of India and consequently direct the respondents 1 to 8 (State authorities and police officials) to take immediate and Steps to protect the Petitioner' necessary s peaceful possession and enjoyment of the said property and to prevent Respondents from interfering with the Petitioner's rights and peaceful enjoyment of the property lA NO: 1 OF 700^ 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 pleased to direct Respondents Nos. officials) to provide adequate protection to the D.No. 9E-46 (Assessment No. 1 to 8 (State authorities and police Petitioner’s property bearing 1158007701, Current Meter No. 1575) situated in Survey No. 353-1 A, Kalyanadurgam Municipal District, and to Area, Anantapur ensure that the Respondents neither dispossess the Petitioner or her tenant from the said property nor demolish the same. pending disposal of this writ petition Counsel for the Petitioner: SRI SREEMANNARAYANA Counsel for the Respondents No.1, 2: GP FOR MUNCIPAL ADMN URBAN Counsel for the Respondents No.3 & 7: NARAYANA, Standing Counsel Counsel for the Respondents No.4 to 6: GP FOR HOME The Court made the following: Order VATTIKUTI SRI GUDAPATI LAKSHMI 1 APHC010151682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7760/2025 Between: ...PETITIONER R P Govindamma AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1. SREEMANNARAYANA VATTIKUTI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following order: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7760 of 2025 ORDER: The Writ Petition is filed questioning the high handed action of the 1. Respondent Nos.3 and 6 to 8 in attempting to demolish the Petitioner’s located at property bearing D.No.9E-46 (Assessment property, No.115800701, Current Meter No.1575), situated in Sy.No.353-1A, Kalyanadurgam Municipal Area, Ananthapur District, in a extent of 0.05 cents. 2. Learned counsel for the Petitioner submits that the subject property was purchased by the Petitioner’s father in law in a Revenue auction on 20.11.1939 and the same was registered in the name of his brother Mr.Thippey Swamy. On 22.10.1960, consent was given by the father in law of the Petitioner i.e., Mr.K.P.Chinnappa Naik, Mr. R.P.Venkatapathi Naik, and Mr. Nagaraj to transfer the property to Mr.K.P Chinna Raju, Son of Mr. K.P.Chinnappa Naik. On 09.07.1986, Mr. K.P.Chinna Raju and his son executed a consent agreement deed in favour of Mr.R.P.Rama Krishna, Mr.R.P.Girijendra Kumar (Petitioner’s late husband) and Mr.R.P.Balakrishna. On 10.07.1991, Mr.R.P.Ramakrishna and Mr.R.P. Balakrishna released their rights in favour of Mr.R.P.Girijendra Kumar. 3. Subsequently, the husband of the Petitioner acquired the same under a family partition deed, dated 08.09.2022, bearing document No.3765. While so, the Respondent Nos.3, 6 to 8 are trying to demolish the subject property 3 without any basis. In view of the threat of demolition of the Petitioner’s house, the present Writ Petition is filed. 4. Learned Standing Counsel for the Respondent-Municipality passed on written instructions signed by the Commissioner, Kalyanadurgam Municipality wherein, it was admitted that in the Municipal Property Register, the house bearing No. D.No.9E-46 (Assessment No.115800701, Current Meter No.1575), situated in Sy.No.353-1 A, Kalyanadurgam Municipal Area Ananthapur District, stands in the name of the husband of the Petitioner and that Municipality is not involved in demolition of the building named in the Writ Affidavit. It is also stated that the Municipality has not approached the Petitioner nor has taken any steps to demolish the Petitioner’s property and as such, no case is made out. On oral instructions, learned Assistant Government Pleader for Home 5. appearing on behalf of the Respondent Nos. 4, 5 & 6 submits that the Respondents are not involved in any manner regarding the Petitioner’s property. Since it is stated by the learned Standing Counsel for Municipality as 6. well as by the learned Assistant Government Pleader for Home, that there is no involvement in any demolition of the Petitioner’s property, the Writ Petition can be disposed of recording their submissions. Accordingly, the Writ Petition is disposed of, reserving liberty to the 7. Petitioner to initiate legal remedies against the unofficial Respondents, if so advised. No costs. 4 As a sequel, the miscellaneous petitions, if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// R OFFICER S To, Se^rtmenr'se^S^ “apudf AmarratrOun^u^r District. 2. The District Collector, Anantapuramu, Anantapur District. Kalyanadurgam Municipality, Kalyanadurgam 3. The Commissioner Anantapur District. 4. The Superintendent of Police, Anantapur, Anantapur District. Superintendent of Police, Kalyanadurgam, Anantapur 5. The Deputy District. 6. The Circle Inspector , Kalyanadurgam, Anantapur District. 7. The Town Planning Kalyanadurgam, Anantapur District. SREEMANNARAYANA VATTIKUTI Advocate [OPUC] MUNCIPAL ADMN URBAN DEV, High Court of of Police, Kalyanadurgam Town Police Station Kalyanadurgam Municipality, Officer, 8. One CC to SRI 9. Two CCs to GP FOR Andhra Pradesh [OUT] FOR HOME, High Court of Andhra Pradesh Two CCs to GP 10. [OUT] Three CD Copies 11. gsg high court DATED: 28/03/2025 ORDER WP.No.7760 of 2025 S 0UPR 2025 \ S,^ . Current Section . disposing the WP WITHOUT COSTS^