APHC010259142025 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: 12949/2025 Between: Grandhi Purna Kumari ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M SRIKANTH Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12949/2025 ORDER: The above writ petition is filed to declare the action of the respondents in marking the petitioner’s land and taking steps to demolish the compound wall and taking steps to dispossess the petitioner for the purpose of road- widening without issuing any notice or conducting enquiry under the Land Encroachment Act, as illegal and arbitrary. 2. Head learned counsel for the petitioner and learned Standing counsel appearing for the respondents. 3. Learned counsel for the petitioner submits that an extent of 3,850 Sq.Yards of land owned by the family of the petitioner and this land is located in 1st Ward, 4th Block, Town Survey No.21, Tenali Town Chenchupet. It is stated that the said property was acquired through several registered sale deeds bearing Document Nos.3355/1966, 2099/1961, 2100/1967, 329/1970, 869/1970 and 2934/1975 on the file of S.R.O Tenali. 4. While So, by proceedings dated 03.08.2019, in File No.B2/1513/2019, the land in question underwent sub-division resulting in creation of new Town Survey Numbers including TS.No.21C and Door Nos.10-1-80, 10-1-81 and 10-13-18. It is also stated that on 06.05.2025, the officials of the Tenali Municipality entered into the property and marked the area for demolition and 3 stated that the compound wall of the petitioner was encroaching on the main road i.e., Tenali to Guntur Road and the petitioner is labeled as encroacher. As there was threat of dispossession without any prior notice, the present writ petition is filed. 5. Learned Standing counsel appearing for the respondents on instruction submits that a survey was conducted by the Respondents. As per the survey, petitioner’s encroached municipal road on western side (south-west corner) to a depth of 0.5 feet and 2 feet on (South-East corner) and the encroachment portion was marked on the compound wall of the petitioner. It was submitted that the petitioner was informed to remove the encroachment portion and to cooperate for construction of CC Drain. 6. It is further submitted by the learned Standing counsel appearing for the respondents that in the event the petitioner’s do not voluntarily remove the encroached portion as per the survey conducted by the Respondents, notice will issued to the petitioner calling for explanation of the petitioner and further action would be taken in accordance with law. 7. In the light of the submissions of the learned Standing counsel, the apprehension of the petitioner is redressed. The writ petition is disposed of with following direction: (i) The Respondent authorities are directed to issue notice with sufficient time in the event if the petitioner does not voluntarily remove the 4 encroached portion as alleged by the Respondent authorities and take further action in accordance with law. No order as to costs. As a sequel, the miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.05.2025 SNI 5 189 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12949/2025 DATE: 09.05.2025 SNI