Extracted from the PDF above. The PDF is authoritative.
APHC010151772025
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7766 Between: Madala Ravanamma The State Of Ap and Others Counsel for the Petitioner:
1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7766 OF 2025 AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner:
MEKA RAHUL CHOWDARY Counsel for the Respondent(S):
GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH [3460] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT(S)
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7766 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the notice issued by the 2nd respondent vide Roc No.1216/2023/G1, dated 13.03.2025 under Section 348 of the A.P. Municipalities Act, 1965 and their action in trespassing and interfering with petitioners possession and enjoyment over the land to an extent of 1,128 sq.ft in Sy.No.892/C-33 near Door No 17-1-18 of 17th Ward of Kandukur Town and Municipality S.P.S.R Nellore District, without issuance of notice and without following due process of law as being illegal, arbitrary and unconstitutional and consequently direct the 2nd respondent not to interfere with the petitioners possession and enjoyment over the land to an extent of 1,128 sq.ft., in Sy.No. 892/C-3, near Door No.17-1-18 of 17th Ward of Kandukur Town and Municipality, S.P.S.R Nellore District and pass such other orders....”
2. The claim of the petitioner is that she is the owner of the land to an extent of 1,128 sq.ft., in Sy.No.892/C-3 of Kandukur Revenue Village, near Door No.17-1-18, 17th Ward, Kandukur Town and Municipality, SPSRT Nellore District, having purchased the same under a Registered Sale Deed No. 2380 of 1999, dated 29.10.2019. The petitioner has also obtained two electricity service connections bearing Nos.4511101022379 and 4511101010626 for the subject property.
While so, the impugned notice dated 13.03.2025 was issued by the 2nd respondent calling upon the petitioner to submit the documents relating to ownership as road is being surveyed all sides by Revenue Surveyor for determination of boundaries as a part of development of Pamuru- Gudalur
junction. The petitioner has submitted a reply dated 18.03.2025 duly enclosing the ownership documents. While so, on 21.03.2025, the respondent No.2 through his staff got surveyed the land and made demarcation in the subject property without prior intimation to the petitioner. Hence, the present Writ Petition came to be filed, directing the respondents not to interfere with the petitioner’s possession over the schedule mentioned premises. 3. Learned Standing Counsel for the respondents placed on record the Written Instructions dated 25.03.2025 duly signed by the Commissioner, Kandukur Municipality, wherein it is that Pamuru- Gudalur junction is four major roads connection with Pamuru road, Gudlur road, Gurramvaripalem and Kandukur town. To prevent road accidents, the Kandukur Municipality has made a proposal for development of Pamur road junction with greenery and High Mast lights as per approval of Special Officer, Council Resolution vide CR No.55/2024, dated 31.12.2024. In that connection, the respondent No.2 had decided to demarcate the government land of Pamuru road junction and it was in that process, the impugned notice had been issued to the petitioner. 4. It is further mentioned in the Written Instructions that the Municipality had initiated survey and marked some G-Line Reference points as per Field Measurements Book (FMB). As per FMB, marking was said to have been given only to fix the boundaries. It is further mentioned that the respondent/ Municipality shall issue prior notice to the land owners, thereafter they will conduct survey in the presence of the petitioner and the respondent No.2 will take all necessary steps to conduct survey in accordance with law. 5.
In view of Written Instructions placed by the learned Standing Counsel for the respondents, this Court is of the considered opinion that the apprehension of the petitioner redressed. 6. The Written Instructions are placed on record. 7. Accordingly, the Writ Petition is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.03.2025 KK