1 'M IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12015 OF 2025 • -■ ■, \*S Between: D Krishna Murthy, S/o.D.Pedda Nallappa, Aged about 51 Years, T 1-784, Tarakapuram Kottalu, Venugopal Nagar, Ananthapuram Ananthapuram District, A.P-515001 R/o;H.No.18- I Urban, ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary, Municipai Administration and Urban Development Department, Secretariat Velagapudi, Guntur District. 2. Ananthapur Municipal Corporation, Represented by its Commissioner, Ananthapur, Ananthapuram District, A.P 3. The Town Surveyor, Municipal Corporation. Ananthapur ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to pass an order or orders or direction more particularly the nature of a writ of Mandamus declaring that the may one in action of the 2nd received on to remove the building i.e. House No. 18-1-784, respondent in issuing Encroachment Notice dt. 15.04.2025 19.04.2025 directing the Petitioner herein Residential House situated in S.No.170/1 Venugopal Nagar, Ananthapuram District, A.P, without issuing any show- cause notice to the Petitioner herein, without according any opportunity to the Petitioner herein! Tarakapuram Kottalu, Ananthapuram Urban, fV as wholly illegal, arbitrary, motivated, unfair. Justice, provisions of The Greater Hyderabad 1955, besides being vioiative of the Article 14 and 300A of the Constitution of India and consequently set-aside the contrary to principles of Natural Municipal Corporation Act same. lA NO: 1 OF 20?.*^ Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 herein praying that in the circumstances not to interfere with the the Petitioner’s House No. 18-1-784 possession of the petitioner and dispossess him from Residential House situated in S.No.170/1 Venugopal Nagar, Ananthapuram District, A.P, during the pendency of the Writ Petition. Tarakapuram Kottalu, Ananthapuram Urban, Counsel for the Petitioner: M/S. CKR ASSOCIATES Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI P VENGALA REDDY (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER 1 APHC010230652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) y [3460] WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12015/2025 Between; ...PETITIONER D Krishna Murthy AND ...RESPONDENT(S) The State Of AP and Others Counsel for the Petitioner: 1.CKR ASSOCIATES Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12015 OF 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondent No. 2 in issuing Encroachment Notice dated 15.04.2025 directing the Petitioner to remove the building i.e., residential house situated in S.No.170/1, House No.18-1-784, Tarakapuram Kottalu, Venugopal Nagar, Ananthapuram Urban, Ananthapuram District, without issuing any prior notice as illegal and arbitrary. 2. Learned counsel for the Petitioner submits that the above mentioned property is an extent of Ac.0.12 cents out of total extent of Ac.0.48 cents of Tarakapuram Kottalu, Venugopal Nagar, Ananthapuram District. Out of the above extent, an extent of Ac.0.05 cents was gifted to the Petitioner by his mother vide registered Gift Deed bearing document No.29903 of 2024 as the mother of the Petitioner had acquired the said property through registered Gift Settlement Deed bearing Document No.3986 of 2001. 3. Learned counsel further submits that an extent of Ac.0.04 cents was purchased by the Petitioner through a Registered Sale Deed vide Document No. 830 of 2012 and another extent of Ac.0.03 cents was gifted to the Petitioner by his sister vide document No.7831 of 2012. A Rectification Deed was also executed by the vendor of the Petitioner vide 3 The Petitioner also refers to the document No. 29913 of 2024. Relinquishment Deed vide document No.7830 of 2008 in support of his claim. While so, the Petitioner was issued the impugned Notice under Section 406 of the Andhra Pradesh Municipal Corporation Act calling upon him to vacate the premises on the ground that the constructions made by the Petitioner in a land of central park of the Municipal Corporation. The Petitioner further submits that he has got long standing position and the photographs filed along with the Writ Petition shows that a building constructed in the schedule premises. Therefore, considering the long standing possession of the Petitioner, the impugned Notice cannot be sustained. Learned Standing Counsel on instructions submits that the impugned notice cannot be faulted as the building of the Petitioner comes within the Central Park land of the Municipal Corporation and no equities can be extended to the Petitioner. Having heard the respective counsel, this Court is of the opinion that because of the long standing possession and the multiple registered Sale Deeds in favour of the Petitioner, the matter requires thorough enquiry as held by a Division Bench of this Court in M. Rajkumar and Others vs. The Excise Superintendent, Hyderabad 4. 5. 4 and others . 6. Therefore, in the light of the Judgment of this Court, the Writ Petition is disposed of with the following directions: i) The Impugned Notice shall be treated as Show Cause Notice; and ii) The Petitioner has to submit an explanation along with the necessary documents to the Respondent Authorities within a period of two weeks from the date of receipt of a copy of this Order; and iii) On receipt of the explanation from the Petitioner, the Respondent Authorities shall consider the same and pass appropriate orders within a further period of eight (08) weeks. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. 1 AIR 1992 AP 143 Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Ananthapur Municipal Corporation, Ananthapur, Ananthapuram District, A.P 3. The Town Surveyor, Municipal Corporation, Ananthapur 4. One CC to M/s. CKR Associates, Advocate [OPUC] 5. One CC to Sri P Vengala Reddy, SC Corporations, Advocate [OPUC] 6. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies for Municipal TF - % HIGH COURT DATED:07/05/2025 ORDER WP.No.12015 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS