APHC010176372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AM ARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W RIT PETITION NO: 9032/2025 Between: Kothuru Naga Malleswari ..PETITIONER AND The State Of Andhra Pradesh and Others ..RESPONDENT(S) Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court m ade the folowing: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY W RIT PETITION No.9032 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent No.2 in issuing notice dated 28.03.2025 calling upon the Writ Petitioner to remove the shed situated at the premises 12-120, Alapati Complex Road, Revenue Ward No.1, Chintalapudi Nagar Panchayat, Eluru District, though there is no encroachment of the Government land, as illegal and arbitrary. 2. Heard Sri CH. Srinivas, learned Counsel for the Petitioner and the learned Standing Counsel for the Respondent No.2-Nagar Panchayat. 3. The Petitioner claims to have been granted Patta for the land to an extent of Ac.0.02 cents in Sy.No.932/8 situated in Chintalapudi within the limits Chintalapudi Nagar Panchayat, Eluru District vide Roc.No.214/A/2004(A), dated 08.04.2005 and a building plan was also approved by the Chintalapudi Nagar Panchayat vide receipt No.23/2011-2012, dated 05.09.2011 and the Writ Petitioner made construction in accordance with the plan approved. The Petitioner submits that a small shop was also raised in the Patta land that was granted in her favour and that there is no encroachment beyond the Ac.0.02 cents of land. The Writ Petitioner further submits that no prior notice was issued and straight away the impugned notice was issued to the Petitioner under Sections 228(3) and 361(c) of the Andhra Pradesh Municipalities Act, 1965. Hence, the present Writ Petition is filed. 3 4. The learned Standing Counsel for the Respondent No.2-Nagar Panchayat on instructions submits that the encroachment is made beyond Ac.0.02 cents. It is also submitted that the Respondent authorities are yet to confirm the genuineness of the Patta said have been granted in favour of the Writ Petitioner. 5. Considering the submissions, as no prior notice was issued to the Petitioner, the Writ Petition is disposed of with the following direction:- (i) The impugned notice issued by the Respondent No.2 shall be treated as show-cause notice. (ii) The Writ Petitioner is directed to submit her explanation to the notice dated 28.03.2025 issued by the Respondent No.2 within a period of four (4) weeks from today; and (iii) The Respondent authorities shall consider the explanation submitted by the Writ Petitioner and pass appropriate orders within a period of four (4) weeks thereafter. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _________ NYAPATHY VIJAY, J Date: 04.04.2025 IS 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W RIT PETITION No.9032 of 2025 Date: 04.04.2025 IS 5