IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY. THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13870 OF 2025 Between: 1. Kattamenu Satyanarayana, S/o late Veeranna, aged about 78 years, R/o 28-3-41/1, Gollapuntha Street, Mandapeta, East Godavari District. 2. Kattamenu Ba^ Rao, S/o late Veeranna aged about 72 years, R/o 9-3- 15/5, M.G.Road, Kakinada, East Godavari District. ^ 3. Kattamenu Ramakrishna, S/o late Veeranna, aged about 68 years, R/o 4- 19-8/6D, Srinagar, Mandapeta, East Godavari District. 4. Kattumenu Veeraju, S/o Ganga Raju, aged about 53 years, R/o D.No.4-19- 52/4, Srinagar Third Street, Mandapeta, East Godavari District. ...PETITIONER(S) AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. Mandapeta Municipality, rep by its Commissioner, Mandapeta Dr.B.R.Ambedkar Konaseema Dist. 3. The District ^Hector, Dr.B.R.Ambedkar Konaseema District, at Amalapuram. 4. The Tahasildar, Mandapeta Mandal, Mandapeta, Dr.B.R.Ambedkar Konaseema 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 appropriate writ, order or direction more particularly, in the nature^writ of mandamus declaring the order in Roc.No.469/2025-G1 dated 20.5.2025 (styled as encroachment notice) passed by the 2 respondent-municipality as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently set-aside the same. may one lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to^tay all further proceedings pursuant to the order in Roc.No.469/2025-G1, dated 20.5.2025 (styled as encroachment notice) passed by the 2nd respondent-municipality including demolition of the compound wall constructed over the land sq.yar'ds each petitioner) i Dr.B.R.Ambedkar Konaseema District, pending disposal of the writ petition adme^^ring 532.4 sq.yards (133.1 in Sy.No. 126/3, Satyasree Road, Mandapeta, Counsel for the Petitioner{s):SRI KOCHIRI RAJA SHEKAR ^ Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: M/s V SIREESHA RANI (SC FOR MUNICIPALITY) Counsel for the Respondents No.3,4: GP FOR REVENUE The Court made the following: ORDER APHC010276762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY ,THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13870/2025 BETWEEN: KATTAMENU SATYANARAYANA AND OTHERS ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH AND OTHERS ...RESPONDENT(S) COUNSEL FOR THE PETITIONER(S): 1.KOCHIRI RAJASHEKAR COUNSEL FOR THE RESPONDENT(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV 2 HCGRJ W.P.No.l3870of2025 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “pleased to issue appropriate writ, order or direction more particularly, one in the nature of writ of mandamus declaring the order in Roc.No.469/2025-G1, dated 20.5.2025 (styled as encroachment notice) passed by the 2 respondent-municipality as illegal, arbitrary, violation of principles of natural justice and violative of Articles 14 and 300-A of the Constitution of India and consequently set-aside the same and pass such” Heard Sri Kochiri Raja Shekar, learned counsel for the petitioners, learned Government Pleader for Municipal Administration appearing for 1 respondent, Smt. Vallabhaneni Sireesha Rani, learned Standing counsel for 2^^ respondent and learned Assistant Government Pleader for revenue for respondent Nos.3 and 4. 2. St Learned counsel for the petitioners submits that despite this Court's order dated 05.05.2025 in W.P.No.11548 of 2025 directing the respondents to follow due process of law in initiating action for demolition of the compound wall constructed by them in Sy.No.126/3 to an extent of Ac. 532.4 Sq. Yards of Satyasree Road, Mandapeta, Driver, B.R. Ambedkar Konaseema District, respondent has now passed the impugned proceedings dated 20.05.2025, straightaway concluding that the petitioner has encroached upon a portion of the said land without providing any opportunity to contest the said claim. 3. nd the 2 \ \ ■ 3 HCGRJ W.P.No.l3870of2025 On the other hand, learned Standing Counsel submits that the 4. impugned proceedings dated 20.05.2025 will be treated as a show-cause notice and the petitioner can submit an explanation to the same and thereafter they will pass appropriate orders in accordance with law. 5. Learned counsel for the petitioner, however, also submits that in case the impugned proceedings are to be treated as a show cause notice, the petitioners have to be furnished a copy of the survey report dated 08.01.2021 basing on which the proposed action is sought to be initiated. For the aforesaid submission and in view of the same, the present writ petition is disposed of by directing the 2'^'^ respondent to treat the impugned proceedings dated 20.05.2025 as a show cause notice, and further to supply a 6. copy of the survey report to the petitioner within a period of one (01) week from the date of receipt of copy of this order. Thereafter, the petitioner is permitted to submit an explanation within a period of two (02) weeks, and after considering the same, the 2^^^ respondent shall pass appropriate orders in accordance with law, within a period of eight (08) weeks thereafter. Till such exercise is completed, the respondents shall not take any 7. coercive steps against the subject property. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANTREGISTRAR //TRUE COPY// SECTION OFFICER To, y 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. Mandapeta Municipality, rep by its Commissioner, Mandapeta, Dr.B.R.Ambedkar Konaseema Dist. 3. The District Collecto^Dr.B.R.Ambedkar Konaseema District, at Amalapuram. 4. The Tahasildar, Mandapeta Mandal, Mandapeta, Dr.B.R.Ambedkar Konaseema District. 5. One CC to SRI. KOCHIRI RAJA SHEKAR Advocate [OPUC] 6. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP FOR REVENUE vX J^gh Court of Andhra Pradesh. [OUT] 8. One CC to M/s V. SIREESHA RANI, Advocate (SC FOR MUNICIPALITIES)[OPUC] 9. Three C.D.Copeis nm HIGH COURT DATED:22/05/2025 ORDER WP.No.13870 of 2025 i 2« MAY 2025 ^ ^ . Current Section . * DISPOSING OF THE WP WITHOUT COSTS