IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34229 OF 2014 Between: 1. Smt. Chennuru Kama Rajamma, W/o. Had Shnaker Gupta, Hindu, aged about 61 years. House-wife, R/o. D.No: 12-8-3/1, (Assessment no; 1083008291) N.H.-5, Main Road, Itchapuram, Srikakulam District. 2. Sri. Jannila Srinivasa Rao, S/o. late Suryanarayana, Hindu 55 years aged about D.No; 12-1-31 (Assessment no; 1083000565), N.H.-5, Main Road, Itchapuram, Srikakulam District. Occ; Business, R/o. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. 2. The Collector, Srikakulam District. 3. The Mandal Revenue Officer, Itchapuram. 4. The Municipal Commissioner, Itchapuram Municipality, Itchapuram. 5. The Executive Engineer (R&B), Srikakulam District. 6. The Assistant Engineer (R&B), Sompet, Srikakulam 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 issue Writ, Order or Direction especially one in the nature of Writ of Mandamus, declaring the action of the respondents in 4 expanding the NH. No.5 in the town of Itchapuram resulting in demolition /encroaching on petitioners' properties without recourse to the provisions of the L.A.Act is arbitrary, illegal malafide and thereby restrain the respondents from demolishing/dispossessing them from the houses bearing no; D.No; 12-8-3/1, N.H.-5, Main Road, Itchapuram, Srikakulam District (Assessment no: 1083008291) and premises bearing no;Old N.H.5 Main road, Itchapuram. H.no;12-1-31 (Assessment no; 1083000565) of Itchapuram, Srikakulam District. I-A. NO: 1 OF 2014(WPMP. NO: 42805 OF 20141 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 respondents not to demolish /encroach houses bearing no; D.No; 12-8-3/1,N.H.-5, Main Road, Itchapuram, Srikakulam District (Assessment no; 1083008291) and premises bearing NH.5 Main road, Itchapuram. H.no;12-1-31 (Assessment no: 1083000565) of Itchapuram, Srikakulam District, pending disposal of the main writ petition. Counsel for the Petitioner: SMT. A MANIKYAVALLI Counsel for the Respondent No.4: SMT. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 5 & 6: GP FOR ROADS & BUILDINGS Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE The Court made the following: ORDER no APHC010252652014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 34229/2014 Between: ...PETITIONER(S) Smt. Chennuru Kama Rajamma, Srikakulam District & Another and Others AND Prl Secretary Municipal Admin Hyderabad 5 Others and ...RESPONDENT{S) Others Counsel for the Petitioner(S): 1.A MANIKYAVALLI Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 4.GP FOR ROADS BUILDINGS (AP) 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 especially one in the nature of Writ of Mandamus, declaring the action of the respondents in expanding the NH. NO. 5 in the town of Itchapuram resulting in demolition /encroaching on petitioners’ properties without recourse to the provisions of the LA.Act is arbitrary, illegal malafide and thereby restrain the respondents from demolishing/dispossessing them from the houses bearing no; D. No: 12-8-3/1, N.H-5, Main Road, Itchapuram, Srikakulam District (Assessment no:1083008291) and premises bearing no:Old N.H-5 Main road, Itchapuram, H.no:12-1-31 (Assessment no: 1083000565) of Itchapuram, Srikakulam District and pass....” 2. The case of the petitioners is that the Petitioner No.1 has been residing at a property in D.No.12-8-3/1, N.H-5, Main Road, Itchapuram, Srikakulam District (Assessment no:1083008291), for a long time and has been regularly paying taxes. Petitioner No.2 is the absolute owner of a property in H.No.12- 1-31, N.H-5, Main Road, Itchapuram, Srikakulam District (Assessment no:1083000565) and has been running a business there. Both petitioners have invested significant funds in developing their respective properties. While so, the respondents allegedly entered the properties, marked them for demolition, and attempted to evict the petitioners under the pretext of road widening. In response, Petitioner No. 2, as the legal heir of Smt. J.Savithramma (referencing W.P. No. 24905 of 1997), sent a legal notice to the respondents, citing earlier orders passed in W.P.No.24905 of 1997 dated 16.02.1998, which clearly directs that the authorities cannot take any action to p $ 3 demolish or evict the occupants without first issuing a notice and allowing them to respond. The said orders are still in force. The petitioners argue that the authorities' actions are unlawful, as they did not follow the proper procedure for eviction or demolition outlined in the earlier case. Hence, the petitioners filed the above Writ Petition. 3. When the matter came up for admission on 14.11.2014, this Court passed the following interim order; “...The petitioners claim to be the owners of the subject property and in possession thereof It Is alleged that the respondents are trying to demolish their properties for the purpose of road widening without following due process of law. They also alleged that on 10.11.2014 the subordinates of the respondents visited their premises and marked the properties for demolition for road widening. They also placed reliance on the order dated 16.02.1998 In W.P.no.24905 of 1997 to which the f petitioner and the mother of the 2'"'^ petitioner were parties, wherein certain directions were issued by this Court to the respondents to foilow due process of law by Issuing show cause notices and receiving objections and then determine prime facie whether the occupant is the owner of the property or not. They also point out that on 23.07.2012, they paid property tax to the 4'^ respondent. Having regard to the above submissions and material placed by the petitioners before this Court, It is clear that prime facie the petitioners are in possession of the properties and structures erected by them. So these cannot be demolished by respondents without following due process of law. There shall be interim direction as prayed for. 4. Heard learned counsel for the petitioners and Ms V.Sireesha Rani, learned Standing counsel appearing for respondent No.4. 4 Today, when the matter came up for hearing, learned Standing Counsel 5. representing respondent No.4, on oral instructions, has informed this Court that in pursuance of the interim order dated 14.11.2014 granted by this Court, the respondents have not interfered with the petitioners’ houses bearing No; D.No:12-8-3/1, N.H-5, Main Road, Itchapuram, Srikakulam District (Assessment no:1083008291) and premises bearing No: Old N.H-5 Main road, Itchapuram, H.no:12-1-31 (Assessment no;1083000565) of Itchapuram, Srikakulam District. He further submitted that if at all the respondents intend to interfere with the possession of the petitioners over the said properties; they would follow due process of law. 6. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioners’ houses bearing No; D.No:12-8-3/1, N.H-5, Main Road, Itchapuram, Srikakulam District (Assessment no:1083008291) and premises bearing No: Old N.H-5 Main road, Itchapuram, H.no:12-1-31 (Assessment no:1083000565) of Itchapuram, Srikakulam District without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTjEJAR SEiiTt^OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Collector, Srikakulam District. 3. The Mandal Revenue Officer, Itchapuram. 4. The Municipal Commissioner, Itchapuram Municipality, Itchapuram. 5. The Executive Engineer (R&B), Srikakulam District. 6. The Assistant Engineer (R&B), Sompet. Srikakulam District. 7. One CC to Smt. A Manikyavalli, Advocate [OPUC] 8. One CC to Smt. Sireesha Rani Vallabhaneni, Standing Counsel For Municipalities Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Roads & Buildings, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 15. Three CD Copies TF HIGH COURT DATED:28/02/2025 ORDER I Ot APR 2025 Current Section . r"]) WP.No.34229 of 2014 DISPOSING OF THE W.P., WITHOUT COSTS