IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12478 OF 2025 Between: Talari Pullamma, W/o.Talari Pullanna, Aged about 82 Years, R/o.H No.15/1833, H.No.15/1837(Old H.No.15-348-A), (Tadipatri Municipal Assessment No. 363), CB Road, Revenue Ward No- 15, Tadipatri, Ananthapuram District, A.P-515411 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. 2. Tadipatri Municipality, Represented by its Commissioner, Tadipatri Ananthapuram District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or orders or direction more particularly one in the nature of a writ of Mandamus declaring that the / action of the 2nd respondent in issuing impugned Encroachment Notices vide No.01/TPS/S- 23/2025 dated 25.04.2025 and No. 02/TPS/S-23/2025 dated 25.04.2025 directing the Petitioner herein to remove the Residential House No.15/1833, and H.No.15/1837 ( Old H.No. 15- 348-A, Tadipatri Municipal Assessment No. 363), CB Road, Revenue Ward No-15, Tadipatri, Ananthapuram District, A.P, without issuing any show-cause notice to the Petitioner herein as wholly illegal, arbitrary, motivated, unfair, contrary to principles of Natural Justice, provisions of the Andhra Pradesh Municipalities Act, 1965, besides being violative of the Article 14 and 300A of the Constitution of India and consequently set-aside the same. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 herein not to interfere with the peaceful possession of the petitioner and dispossess her from the Petitioners Residential House No. 15/1833, and H.No. 15/1837 (Old H.N0.15-348-A, Tadipatri Municipal Assessment No. 363), CB Road, Tadipatri, Ananthapuram District, A.P, during the pendency of the Writ Petition. Counsel for the Petitioner: SRI M.K. VISWANATH NAIDU Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR TADIPATRI MUNICIPALITY The Court made the following: APHC010239672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) F [3460] THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12478 OF 2025 Between: ...PETITIONER Talari Pullamma AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M KVISWANATH NAIDU Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12478 OF 2025 ORDER:- The present Writ Petition is filed questioning the action of the Respondent No.2 in issuing impugned Encroachment Notices vide No. 01/TPS/S-23/2025, dated 25.04.2025 and No. 02/TPS/S-23/2025, dated 25.04.2025 calling upon the petitioner to remove the Residential House No. 15/1833, and H.No.15/1837 (Old H.No.15-348-A, Tadipatri Municipal Assessment No.363), C.B.Road, Revenue Ward No.15, Tadipatri Ananthapuramu District, without issuing any show-cause notice to the petitioner as illegal and arbitrary. 2. The husband of the petitioner acquired the subject property by virtue of Partition Deed vide Doc.No.1305 of 1970 executed in between three brothers. Prior to the said partition, the husband of the petitioner purchased the property vide Document No.2062 of 1968. The husband of the petitioner is was physical possession and enjoyment of the same and subsequent to his demise, the petitioner is in possession. While so, the impugned notices dated 25.04.2025 issued by the Respondent No.2 under Sections 189, 192, 194 336, 360 and 361 of A.P.Municipality Act, 1965 calling upon the petitioner to remove the subject property as it is falling in canal area at Vijayanagar Colony Road. 3. Learned counsel for the petitioner submits that the Respondent No.2 straight way issued the impugned notice dated 25.04.2025 directed the petitioner to vacate the subject property cannot be sustained considering the longstanding possession. 4. Learned Standing Counsel for the Respondents, on instructions, would submit that rain water can be stagnated in the canal area during rainy season, because of the construction of the petitioner. Therefore, impugned notice has been issued to the petitioner. 5. Considering the submissions made by the respective counsels, this Court taking note of longstanding possession of the petitioner, an opportunity of hearing should be provided before taking further course of action against the petitioner. 6. In that view, this Court is inclined to pass the following order; a) The petitioner shall submit a detailed explanation, claiming his right and title over the subject property in question, within a period of two (02) weeks from the date of receipt of a copy of this order; b) On such submission, the Respondent Authorities shall examine the same and pass appropriate orders in accordance with law, within a period of three (03) weeks thereafter, c) The Respondent Authorities shall also provide an opportunity of hearing of the petitioner, if so required. d) Meanwhile, both the parties are directed to maintain status quo as on date. •p- 7. With the above directions, this Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- B CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Tadipatri Municipality, Tadipatri, Ananthapuram District. 3. One CC to Sri M K Viswanath Naidu, Advocate [OPUC] 4. One CC to Sri Gudapati Lakshmi Narayana, Standing Counsel Tadipatri Municipality [OPUC] 5. Two CCs to GP for MUNCIPAL ADMN AND URBAN Court Of Andhra Pradesh. [OUT] 6. Three CD Copies for DEV AP, High sree HIGH COURT DATED:08/05/2025 ORDER WP.No.12478 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS