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2025 DAILYLAW 12841 (AP)

BELLAMKONDA SANTHI @ SHANTHI v. THE STATE OF AP

WP/7757/2025 · 2025-03-25

Nyapathy Vijay

body2025

Judgment text

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APHC010152322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7757/2025 Between: Bellamkonda Santhi @ Shanthi ...PETITIONER AND The State Of A.P & Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PONNADA SREE VYAS Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.7757 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent No.2 in attempting to demolish the compound wall of the Petitioner’s house bearing D.No.4-5-8/6, RCC Building (G+1) in an extent of 1950 Sq. Yards at 1st Lane, Navabharath Nagar, Ring Road, Guntur City, Guntur District, as illegal and arbitrary. 2. Heard M/s. Ponnada Sree Vyas, learned counsel for the Petitioner and Sri A.S.C. Bose, learned Standing Counsel for the Respondent No.2-Corporation. 3. The Petitioner claims to the be the owner of the house bearing D.No.4-5-8/6, RCC Building (G+1) in an extent of 1950 Sq. Yards at 1st Lane, Navabharath Nagar, Ring Road, Guntur City and the said property was devolved on the Petitioner by way of a Gift Deed vide document No.12872/2006, dated 14.09.2006 executed by her parents and brother. The Writ Petitioner pleaded that the house building was constructed pursuant to the building plan approved by the Respondent No.2-Corporation vide Proceedings R.C.No.234/83- G2, dated 04.10.1983 and she has been regularly paying property tax to the said house. 4. While so, attempts were being made to remove the compound wall of her house on 22.03.2025 by the Respondent authorities without any notice for the purpose of expanding the existing drain and for widening of the road. As attempts were being made to demolish the compound wall of her house without any prior notice or 3 without initiating any proceedings under Section 147 of the Andhra Pradesh Municipal Corporations Act, 1955 or under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act No.30 of 2013), the present Writ Petition is filed. 5. The learned Standing Counsel appearing for the Respondent- Corporation passed on the instructions dated 25.03.2025 signed by the Commissioner, Guntur Municipal Corporation to the Court, wherein it is mentioned that the Respondent No.2-Corporation has not proposed any road widening as alleged and only for the purpose of demarcation of private site and public road, the document of the Petitioner was required at the time of marking the proposed drain. In was also mentioned in the written instructions that the Respondent No.2-Corporation will never act highhandedly and no private site is required for formation of the proposed drain. 6. In view of the categorical instructions of the Respondent No.2- Corporation, the apprehension of the Writ Petitioner is redressed and the Writ Petition is closed by placing the written instructions passed on by the learned Standing Counsel on record. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.03.2025 IS 4 THE HON’BLE SRI JUTICE NYAPATHY VIJAY WRIT PETITION No.7757 of 2025 Date: 25.03.2025 IS