IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12639 OF 2021 Between: A.Yohan, S/o Venkataratnam, Aged about 79 years, R/o H.No.5-2-8/1811 S.P.Office Road, Khammam. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Machilipatnam Municipal Corporation, Rep. by its Commissioner, Machilipatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2 respondent in demolishing the structures of House bearing D.No.21/243 vide Property Tax Assessment No.8443 situated in R.No.338, Noble Hostel Compound, Revenue Ward No.21, Machilipatnam on the pretext of formation of road without issuing any notice or opportunity and without following due procedure established by law as illegal, arbitrary and unconstitutional and violation of Articles 14, 21 and 300-A of the Constitution of India and also the provisions of A.P. Municipal Corporation Act and consequently direct the 2"’^^ respondent to follow the procedure to nd take up any work of formation of road in accordance with law and also direct the 2""^ respondent to pay damages to the tune of Rs.2,00,000/- for illegal and high handed action of demolition of the structureand pass lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^^ respondents not to dispossess the petitioner from the property bearing D.No.21/243 vide Property Tax Assessment No.8443 situated in R.No.338, Noble Hostel Compound, Revenue Ward No.21, Machilipatnam and pass such other order or orders as are deemed fit and proper, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI PARVATANENI SATISH KUMAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER 1 APHC010219712021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12639/2021 Between; ...PETITIONER A.Yohan AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner; 1.PARVATANENI SATISH KUMAR Counsel for the Respondent{S); 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following; 2 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 action of the respondent in demolishing the structures of House bearing D.No.21/243 vide Property Tax Assessment No. 8443 situated in R. No. 338, Noble Hostel Compound, Revenue Ward No. 21, Machilipatnam on the pretext of formation of road without issuing any notice or opportunity and without following due procedure established by law as illegal, arbitrary and unconstitutional and violation of Art. 14, 21 and 300A of the Constitution of India and also the provisions of A.P. Municipal Corporation Act and consequently direct the 2"*^ respondent to follow the procedure to take up any work of formation of road in accordance with law and also direct the 2"^^ respondent to pay damages to the tune of Rs.2,00,000-/- for illegal and high handed action of demolition of the structures ....” 2. The brief facts of the case are as follows; The petitioner herein is a resident of H.No.21/243, Nobel Hostel a) compound, Machilipatnam, and has been residing in the said property since 1960. The property was assessed to the property tax in the year 1964 vide assessment No.8443. The petitioner’s father worked as an Attender in the Noble High School, which is under the control of Krishna Gadavari Diocese Church of South India. His father occupied an extent of 700 sq.yards of site and constructed a thatched hut in the said property. During his life time, he filed a suit in O.S.No.121 of 1994 before the learned Senior Civil Judge, Machilipatnam, seeking declaration of title and permanent injunction to restrain the defendants therein from interfering with his possession and w 3 enjoyment of the subject property. The said suit was partly decreed, granting relief of a permanent injunction but rejecting the declaration of title over the said property and further directed to follow due process of law before evicting the petitioner’s father, which order was further confirmed in A.S No.45 of 2001 and as well as the S.A No.1544 of 2010 preferred by the petitioner’s father, b) The 2”^^^ respondent herein was also a party to the said suit. During the pendency of the said second appeal, the petitioner’s father died, and the petitioner’s brother came on record as the legal representative. There has been no dispute regarding their possession and enjoyment of the subject property for more than fifty years. Despite the observations of the Civil Court, the 2^^ respondent has never interfered with their possession and enjoyment of the subject property. c) While the matter stood thus, one week prior to filing of the writ petition, the officials of the 2"'^ respondent came to the subject property and demolished the entire old construction without following the due process of law, in the presence of the petitioner. No notice was issued as required under the Municipal Corporation Act, prior to such demolition. When the petitioner questioned the officials about this highhanded action, they stated that they intended to lay a road through the petitioner’s property. The grievance of the petitioner is that the respondents have no right over the said land, and they cannot demolish the structures or dispossess the petitioner without issuing any notice. 4 d) The case of the petitioner is that under similar circumstances his neighbouring land owner has filed W.P.No.11769 of 2021 before this Court, and this Court granted status quo order in her favour. The said writ petition is still pending. The petitioner made a representation dated 12.06.2021 nd respondent about the filing of suit and the observations informing the 2 made by the Civil Court while granting temporary injunction. e) Therefore, challenging the highhanded acts of the respondents, the petitioner filed this writ petition. On 09.05.2024, this Court granted status quo with respect of subject 3. property as on that day to be maintained by both the parties. 4. The 2^^^ respondent filed a counter, stating on 21.06.2021, the staff of the 2''^ respondent demolished the unauthorized encroachment made by one Logisetty Venkata Swamy, S/o Mohanrao, who had encroached upon the Municipal Corporation’s 33’ wide road situated to the western side of his plot and constructed an AC sheet roof shed, thereby violating the provisions of the Municipal Corporations Act 1955. The 2'^^ respondent further stated that neither the 2^^ respondent nor its officials had removed any construction belonging to the petitioner. The photographs filed by the petitioner along with the writ petition belongs to another encroacher who has encroached 33’ wide municipality road in L.P No.75/88 but they does not belong to the petitioner’s respondent have not removed any nd property as the officials of the 2 constructions belonging to the petitioner. It is further stated that the petitioner stated in his representation dated 22.06.2021 that the house constructed by w 5 his parents in the present 33’ wide road in L.P.No.75/88 was set on fire on 09.10.1997. To the said counter filed by the 2^*^ respondent, the petitioner has also filed reply duly stating that the petitioner did not state that his house was 5. destroyed by the Municipal JCB team on 21.06.2021. The petitioner’s representation to the Commissioner, Machilipatnam/2'^'^ respondent only mentioned that their barbed wire fencing with cement poles and latrine (cement construction), trees were destroyed. The petitioner’s thatched house with all facilities, including electricity, was set on fire on 09.10.1997 i.e., 23 years ago. Since then, the petitioner has refrained from reconstructing a house in plot No.19. The petitioner has been in possession of Plot No.19, House No.21/243 since 21.09.1964. From the above facts and circumstances it can be understood that the 6. respondents have demolished the unauthorized encroachment made by one Sri.Logisetty Venkata Swamy, who had encroached upon the Municipal Corporation’s 33’ wide road situated to the western side of his plot and constructed AC sheet roof shed duly violating the provisions of the Municipal Corporations Act 1955, but, they have not removed any constructions made by the petitioner herein. In view of the interim order granted by this Court on 09.05.2024 as the 7. respondents have not interfered with the petitioner’s property, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the 6 the subject property situated in H.No.21/243 petitioner’s possession over Hostel compound, Machilipatnam, without following due process of law. Nobel above direction, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall also 8. With the Sd/- K. TATA RAO deputy registrar stand closed. //TRUE COPY// %r Ur SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Machilipatnam Municipal Corporation, Machilipatnam. 3. One CC to Sri Parvataneni Satish Kumar, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] 6. Three CD Copies. gi HIGH COURT DATED:19/02/2025 ORDER WP.No.12639 of 2021 t3 2 8 MAR 2025 :l3C Current Section . ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS