i. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA\ (Special Original Jurisdiction) j WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12411 OF 2025 Between: 1. Niredula Siva Parvati, W/o. Naga Bhushan Rao, Aged about 41 years, Occ. House Wife, R/o. Door No.4-3-493(15), Dwaraka Nagar, Revenue Ward No.4, Pulivendula, Y.S.R District. 2. Niredula Naga Bhushan Rao, S/o. N.Chenchaiah Naidu, R/o. Door No.4-3-493(15), Dwaraka Nagar, Revenue Ward No.4, Pulivendula, Y.S.R District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Pulivendula Municipality, rep by its Municipal Commissioner, Pulivendula Town, Y.S.R District. 3. B.Obulesu, S/o. Obulesu, Age is not known to the petitioner, R/o. Door No.4-3-491, Durga Street, 5th Lane, Sarawathi Vidhya Mandir, Pulivendula. 4. Peddamallu Subba Reddy, S/o. Peddamallu Konda Reddy, Age is not known to the petitioner, R/o. Door No. 1-2-44, Chinnana Rooms, 3rd Rooms, Near to Pulla Reddy Hospital, Pulivendula. 5. D.Kavitha, W/o. D.Balaram, Age is not known to the petitioner, R/o. Door No.4-3-208, Bethala Church Street, Pulivendula, Y.S.R District. ...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 Issue an may appropriate Writ, Order or Direction particularly one in the nature of a Writ of Mandamus more declaring the Notice dated 18.03.2025 issued by the 2^^^^ Respondent and the consequential action of the 2nd Respondent in attempting to demolish the compound wall of the house bearing Door No. 4-3-493(15) situated in located in 4th Ward, Dwaraka Nagar, Pulivendula Municipality, Y.S.R. District, alleging encroachment onto the road at the instance of Respondents No.3 to 5 without following due process of law as arbitrary, illegal, and contrary to well-established legal principles, and as being in gross violation of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 21, and 300-A of the Constitution of India and direct the 2nd Respondent not to interfere with the and enjoyment of the compound wall situated on the Northern side of the house bearing Door No. 4-3- 493(15) situated in d* Ward, Dwaraka Nagar, Pulivendula Municipality, Y.S.R. District. consequently peaceful possession lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 2"'" Respondent not to interfere i the compound wall surrounding the house bearing Door No.4-3-493(l5) located in 4'^ Ward, Dwaraka Nagar, Pulivendula District. may be m any manner with Municipality, Y.S.R. Counsel for the Petitioners: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent Nos.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.3 to 5: The Court made the following: ORDER 4 APHC010247452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460], WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12411/2025 Between: 1.NIREDULA SIVA PARVATI, W/0. NAGA BHUSHAN RAO, AGED ABOUT 41 YEARS. OCC. HOUSE WIFE, R/0. DOOR N0.4-3-493(15), DWARAKA NAGAR, REVENUE WARD N0.4, PULIVENDULA, Y.S.R DISTRICT. 2.NIREDULA NAGA BHUSHAN RAO,, S/0. N.CHENCHAIAH NAIDU, R/0. DOOR N0.4-3-493(15), DWARAKA NAGAR, REVENUE WARD N0.4, PULIVENDULA, Y.S.R DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE PULIVENDULA MUNICIPALITY, REP BY ITS MUNICIPAL COMMISSIONER, PULIVENDULA TOWN, Y.S.R DISTRICT. 3.B OBULESU, S/0. OBULESU, AGE IS NOT KNOWN TO THE PETITIONER, R/0. DOOR NO.4-3-491, DURGA STREET. 5TH LANE, SARAWATHI VIDHYA MANDIR, PULIVENDULA. 4.PEDDAMALLU SUBBA REDDY, S/0. PEDDAMALLU KONDA REDDY, AGE IS NOT KNOWN TO THE PETITIONER, R/0. DOOR NO. 1-2-44, CHINNANA ROOMS, 3RD ROOMS, 2 NEAR TO PULLA REDDY HOSPITAL. PULIVENDULA. 5.D KAVITHA, W/0. D.BALARAM, AGE IS NOT KNOWN TO R/0. DOOR NO.4-3-208, BETHALA THE PETITIONER, CHURCH STREET, PULIVENDULA, Y.S.R DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.12411 of 2025 ORDER: The present Writ Petition is filed to declare the Notice dated 1. 18.03.2025 issued by the Respondent No.2 and the consequential action of the Respondent No.2 in attempting to demolish the compound wall of the Petitioner’s house bearing D.No.4-3-493(15) situated in 4‘^ Ward, Dwaraka Nagar, Pulivendula Municipality, Y.S.R. Kadapa District, alleging encroachment onto the road, at the instance of Respondent Nos.3 to 5, without following due process of law, as illegal and arbitrary. The facts leading to filing of the present Writ Petition are as 2. follows;- The Petitioner was issued a notice on 18.03.2025 stating that certain encroachment is made by constructing a compound wail onto. the road. The Petitioner submitted her explanation on 27.03.2025 denying the encroachment. Apprehending the threat of demolition. the present Writ Petition is filed. Heard Sri Papudippu Sashidhar Reddy, learned counsel for the Petitioner and Sri Gudapati Lakshmi Narayana, learned Standing Counsel for the Respondent No.2-Municipality. 3. 2 4. The learned Standing Counsel for the Respondent No.2 Municipality on instructions submits that a complaint was received on 17.03.2025 through Public Grievance Redressal System (PGRS) alleging encroachment of the rasta by the Petitioner and consequent thereto, a notice was issued to the Petitioner to submit the building documents and the link documents within five days from the date of receipt of the notice in order to conduct a detailed survey based on the complaint received. It is further stated that upon verification of the documents provided by the Petitioner, the Petitioner had encroached to an extent of 90 Sq. Yards. 5. It is also further stated that the Respondent authorities did not issue any notice nor did make any attempt to demolish the compound wall of the Petitioner and the actions that were taken by the office of the Respondents were limited to conducting enquiry based on the complaint received. It is also stated by the learned Standing Counsel that further action will be taken as per the procedure prescribed under the Andhra Pradesh Municipalities Act, 1965. 6. In view of the submissions made by the learned Standing Counsel for the Respondent No.2-Municipality, the grievance of the Writ Petitioner is redressed. 3 Accordingly, the Writ Petition is closed, leaving it open to the Respondent authorities to initiate action against the Petitioner as provided under the A.P. Municipalities Act, 1965. No costs. 7. As a sequel, pending applications, if any, shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To, 1. One CC to Sri Papudippu Sashidar Reddy, Advocate [OPUC] 2. One CC to Sri Gudapati Lakshmi Narayana, SC for Municipalities[OPUC] 3. Two CCs to High Court of Andhra Pradesh. [OUT] 4. Three CD Copies. GP for Municipal Administration and Urban Development ssb HIGH COURT DATED:07/05/2025 ORDER X 2 uuN m Si ^ . Curreni ieciion WP.No.12411 of 2025 «5: CLOSING THE W.P. WITHOUT COSTS