APHC010178882015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4350/2015 Between: Pattan Beebee John, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ORDER: This Writ Petition came to be 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 action of the 2nd and 3rd respondent in trying to demolish the structures of the petitioner's house situated in Plot No. No.47 and 48 an extent of 121 Square Yards in Sy.No.253-1 and 250 situated at Bandlamida Kammapalli, Near Anjaneya Swamy Temple, within the limits of Madanapalle Municipality, Chittoor District is illegal, arbitrary and violation of the principles c natural justice and consequently direct the 2nd and 3rd respondent not to demolish the structures of the petitioner's house situated in Plot No. No.47 and 48 an extent of 121 Square Yards in Sy.No.253-1 and 250 situated at Bandlamida Kammapalli, Near Anjaneya Swamy Temple, within the limits of Madanapalle Municipality, Chittoor District....” 2. The petitioner herein has purchased plot No.47 and 48 in Sy.No.253-1 and 250 situated at Bandlamida Kammapalli, Near Anjaneya Swam Temple within the limits of Madanpalli Municipality from his vendor vide document No.57/03 dated 06.01.2003. The petitioner has also obtained permission for penalizing and regularization of the unauthorized construction of building from the 2nd respondent. 3. While the matter stood thus, without issuing a notice under Section 192 of A.P. Municipalities Act, 1965, the 2nd and 3rd respondents, along with other staff came to the petitioner’s property on 16.02.2015 to demolish the structures. The action of the 2nd and 3rd respondents in trying to demolish the structures of the petitioner’s house situated in plot No.47 and 48 in Sy.No.253-1 and 250 situated at Bandlamida Kammapalli, Near Anjaneya Swam Temple within the limits of Madanpalli Municipality, without following due process of law, is under challenge in the present writ petition. 4. When the writ petition came up for admission on 24.02.2015, this Court has passed the following interim order: “In view of the same, the respondents 2 and 3 are directed not to interfere with the construction of the petitioner, if it is made in according with the approved plan.” 5. Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development. 6. During the course of arguments, learned Standing Counsel has submitted that in pursuance of the interim order granted by this Court on 24.02.2015, they have not demolished the extent of the construction made as per the permission obtained from the 2nd respondent corporation and further submitted that if at all they intend to demolish the same, the authorities would follow due process of law. 7. In view of the said submission, this Court feels it appropriate to dispose of the writ petition by directing the 2nd and 3rd espondents not to interfere with the possession of the petitioner’s property, without following the due process of law. 8. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE V.SUJATHA Date:23.01.2025 Gss