PINGALI SIVAGIRI VENKATA SUBBAIAH v. THE STATE OF ANDHRA PRADESH
WP/13138/2025 · 2025-05-08
Nyapathy Vijay
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18513 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18513 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010256252025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13138/2025 Between: Pingali Sivagiri Venkata Subbaiah ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. Pilla N.V.L.Narayana Aditya Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13138/2025 ORDER:
The above writ petition is filed to questioning the action of the 2nd respondent in orally directing to demolish the petitioner’s property basing on the complaint given by the 3rd respondent, as illegal and arbitrary.
2. The petitioner and Respondent No.3 are siblings. A holographic will dated 16.08.2019 vide registered document No.385 of 2019 was executed by the mother of the petitioner, whereunder, the northern portion of the schedule property fell to the share of petitioner and southern side property fell to the share of Respondent No.3. The mother of petitioner expired on 21.10.2020 and the petitioner and Respondent No.3 succeeded to the properties referred above respectively.
3. The petitioner after accumulating funds constructed wash room etc., in the share of property of petitioner. The Respondent No.3 then started demanding for demolition and issued legal notice on 15.04.2025. A complaint was also sent to Respondent which was registered as 2025-TCP-106714. As the staff of Respondent No.2 were threatening to demolish the property on the basis of the complaint of Respondent No.3, the present writ petition was filed.
4. The counsel for petitioner submits that after institution of the writ petition, a show cause notice was issued vide Rc.No.106903/2025 dated 03.05.2025 by Assistant City Planner.
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5. Learned Standing counsel appearing for the respondents would submit that action would be taken in accordance with the procedure contemplated under Act.
6. In that view of the matter, the writ petition is disposed of leaving it open to the petitioner to submit explanation to the show cause notice dated
03.05.2025. No order as to costs.
As a sequel, the miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.05.2025 SNI
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188 HON’BLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 13138/2025
DATE: 09.05.2025
SNI