IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13933 OF 2025 Between: N. V. Vijayalakshmi, W/o. Mannam Lakshmi Narasimh^m, Aged about 55 years, R/o. D. No. 25-10-717, Dycus Road Centre, AK Nagar Post, Nellore City, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Pri. Secretary, Municipal and Urban Administration Secretariat Buildings, Velagapudi, Amaravati, The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore City, SPSR Nellore District. The City Planner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. The Deputy City Planner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or direction or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 4 in taking steps to demolish the petitioners building situated at D. No. 25- 10-717, Dycus Road Centre, AK Nagar Post, Nellore City, SPSR Nellore District, without issuing any notice or without initiating any proceeding under Right To Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013, as illegal, arbitrary, capricious, in violation of principles of Natural justice, contrary to provisions of A.P. Municipalities Act, 1965 and further in violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the respondents 2 to 4 not to interfere with the peaceful possession of the petitioners building situated at D. No. 25-10-717, Dycus Road Centre, AK Nagar Post, Nellore City, SPSR Nellore District. 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 direct the respondents 2 to 4 not to interfere with the peaceful possession of the petitioners building situated at D. No. 25-10- 717, Dycus Road Centre, AK Nagar Post, Nellore City, SPSR Nellore District, pending disposal of the writ petition. Counsel for the Petitioner : SRI SARANU PHANI TEJA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY The Court made the following: ORDER APHC010277132025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) day OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE WRIT PETITION NQ: 139.T?/7n9i; Si'S PRADESH S< [3460] TUESDAY JHE SEVENTEENTH nyapathy vijay Between: 1.N V VIJAYALAKSHMI, narasimham, aged about 717, DYCUS ROAD CENTRE CITY, SPSR IV W/0. MANNAM LAKSHMI 55 YEARS, R/0. D. NO. 25-10- AK NAGAR POST, NELLORE ■'ELLORE uiSTRiCT. ■ PETITIONER AND 2.THE NELLORE MUNICIPAL COMMISSIONER, district. ...RESPONDENT(S): CORPORATION, REP ^ CITY, BY ITS NELLORE NELLORE SPSR 4.THE DEPUTY 2 Counsel for the Petitioner: 1.SARANU PHAN I TEJA Counsel for the Respondent(S): 1) GP MUNCIPAL ADMN AND URBAN DEV AP 2) Sri A.S.C. Bose, Standing Counsel The Court made the following: V\ HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13933 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent Nos.2 to 4 in taking steps to demolish the Petitioner’s building situated at D.No.25^10-717, Dycus Road Centre, A.K. Nagar Post, Nellore City, SPSR Nellore District, without issuing any prior notice, as illegal and arbitrary. 2. Heard Sri Saranu Phani Teja, learned counsel for the Petitioner and Sri A S C, Bose, learned Standing Counsel appearing for the Respondent-Corporation. 3. The Petitioner claims to have purchased an extent of 31 Ankanams in Plot No.8, Sy.No.1943 & 1944, Dycus Road Centre A.K. Nagar Post, Nellore City, SPSR Nellore District, under a registered Sale Deed bearing document No.767 of 1997, dated 10.02.1997. The building was also constructed after obtaining permission from the Respondent No.2 vide B.A.No.243/1998-G2 dated 28.07.1998. While so, the staff of the Respondent No.2- Corporation visited the premises of the Petitioner on 23.05.2025 and made arrow markings on the walls of the building of the Petitioner and informed that the building of the Petitioner to the extent of marked area would be demolished. Hence, the present Writ Petition is filed. 2 4. The learned Standing Counsel on instructions submits that the markings are only for the purpose of road widening and for constructing the divider. The learned Standing Counsel further submits that the markings were made only to know the extent of the property required for widening the road and that the Petitioner would be put on notice before any further action is being taken by the Respondent- Corporation. 5. In view of the respective submissions, this Court is of the opinion that the Writ Petition f directions;- can be disposed of with the following (i) The Respondents are directed to issue notice to the Petitioner giving clear 15 days time before taking further action and also adhere to the provisions of the Andhra Pradesh Municipalities Act, 1965; (ii) Till such time no coercive action shall be taken by the Respondent authorities; (iii) No order as to costs. 6. Accordingly, the Writ Petition is disposed of. As a sequel, pending applications, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. Andh^ra and Urban Administration State of Andhra Pradesh, its Secretariat Buildings, Velagapudi, Amarkvafi 2. The Commissioner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 3. The City Planner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 4. The Deputy City Planner, Nellore Municipal Corporation, Nellore City, SPSR Nellore District. 5. One CC to Sri Saranu Phani Teja, Advocate [OPUC] Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) ,8. Three C.D. Copies. Cnr €1 HIGH COURT DATED: 17/06/2025 ^ JI JI!I M ^ Current Secuon ^ ORDER WP.No.13933 of 2025 X DISPOSING OF THE W P WITHOUT COSTS