APHC010248272024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12313/2024 Between: S. Amanulla, and Others The State Andhra Pradesh and Others Counsel for the Petitioner(S): 1. P SARASWATHI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12313/2024 ...PETITIONER(S) AND The State Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): Counsel for the Respondent(S): GP FOR MUNCIPAL ADMN URBAN DEV REDDY (SC MC RSEEMA SPSR NLR) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) ORDER: The present writ petition is filed challenging the action of respondent Nos.2 and 3 in insisting the petitioners to vacate from house bearing door No.7-60/4, Assessment No.1011022413 situated at Ward No.7, P.V.Road, Sy.No.245/2, Srikalahasti town and Mandal, Sri Kalahasti Municipality, Tirupathi District. 2. Heard Smt.P.Saraswathi, learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and learned Standing Counsel for Municipal Corporation. 3. Learned counsel for the petitioners submitted that Petitioner No.1 is the son of the petitioner No.2. The petitioner No.1 was gifted this property through registered will deed vide document No.37 of 2022, dated 10.6.2022 and that they are in possession of the said property. Petitioners have been paying house tax and electricity service meter No.5432200039543 was also installed in the said premises. While so, respondent Nos.2 and 3 had informed the petitioners to vacate the house for demolishing the same, without issuing any prior notice. Hence, the present writ petition was filed. 4. In the counter-affidavit filed by the 2nd respondent, it was pleaded that the registered will deed would not come into force as petitioner No.2 is alive. It was further pleaded that the Mandal Surveyor has conducted the detailed survey and submitted survey sketch of the schedule site along with Field Measurement Book of survey records of Srikalahasti Revenue Village. As per the Mandal Surveyor’s sketch, the petitioners had encroached an extent of Ac.0.025 cents in Survey No.185 which is classified as Tank Poramboke and constructed the ACC Sheet roofed shed without taking prior permission from the 2nd respondent Municipal Authorities. However, at paragraph No.4 of the counter-affidavit filed by the respondent No.2, it was stated that before any action was initiated against the petitioners for demolition, they would follow due process of law. 5. This Court, after examining the counter affidavit, is of the opinion that the writ petition can be disposed of recording the submissions of the respondent No.2 at paragraph No.4 of the counter-affidavit stating that they will follow due process of law before initiating any action against the petitioners. 6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. _______________________ JUSTICE NYAPATHY VIJAY 17th March, 2025 TJN 46 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12313 OF 2024 Dated:17.3.2025 TJN HIGH COURT OF ANDHRA PRADESH WRIT PETITION NO: 12313 OF 2024 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 5. 17.3.2025 VN, J The Writ Petition is disposed of. (Vide Separate Order) _____ VN, J TJN