\' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF JUNE 1 TWO THOUSAND AND TWENTY FIVE 1 PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15010 OF 2025 Between: Kommineni Prasad, S/o. Rajeswara Rao, Aged about 72 years, R/o. Door No.30-457/1, ABM Compound, Vinukonda Town and Mandal Palnadu District ...PETITIONER AND i. I he State of Andhra Pradesh, rep by its Principal Secretary to Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District 2. The Vinukonda Municipality, Rep by its Commissioner, Vinukonda, Palnadu 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 may be pleased to issue a writ of Mandamus or any other appropriate writ, order direction declaring the action of the Respondent No.2 trying to demolish extent of 41-5 Square Yards bearing Door No.28-238, 28-239 Narasaraopet Main Road respectively with Assessment No. 113101485 Revenue Ward No. 11 Block No.28, Vinukonda Village, Vinukonda Municipality, without notice or calling for explanation and without granting any opportunity to petitioners, and without issuing any proceedings under Andhra Pradesh Municipalities Act 1965 as illegal, arbitrary and violative of Art. 14, 19 and or any 300-A of the Constitution of India and consequently direct the respondents not to interfere with the peaceful possession of my house and not to demolish any portion of my house property without following due process of law. 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 Respondent No.2 not to initiate demolition proceedings against any portion of shop containing Ground and first floor an extent of 41-5 Square Yards bearing Door No.28-238, 28- 239 Narasaraopet Main Road with Assessment No. 113101485 Revenue Ward No. 11 Block No.28, Vinukonda Village, Vinukonda Municipality, not to dispossess the petitioners from my house properties pending disposal of the writ petition without following due process of law. Counsel for the PetitionerSRI SATYANARAYANANIMMALA 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) The Court made the following: ORDER 1 APHC010302592025 !N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY. THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15010/2025 Between: 1.KOMMINENI PRASAD, S/0. RAJESWARA RAO, ABOUT 72 YEARS, R/0. DOOR NO.30-457/1 , AGED ABM PALNADU iMr\ \ /I Kill \yr\K I r> a ”r/^\ A /K AKir^ KAAKir^AI MiNU iviMI'aUML V i DISTRICT ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT DISTRICT VELAGAPUDI, GUNTUR 2.THE VINUKONDA MUNICIPALITY. REP BY ITS COMMISSIONER. VINUKONDA, PALNADU DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15010 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondent No.2 in trying to demolish an extent of 41-5 Sq. Yards in D.No.28-238 and 28-239 with Assessment No.113101485, Revenue Ward No.11, Block No.28, Narasaraopet Main Road, Vinukonda Village, Vinukonda Municipality, Guntur District, without issuing any prior notice, as illegal and arbitrary. 1. 2. The facts ieading to fiiing of the present Writ Petition are as follows:- The Petitioner claims to be the owner and possessor of the extent referred above having purchased the same under a registered Sale Deed dated 23.08.1995. It is also stated that the Petitioner had made construction after obtaining building plan from the Respondent No.2- Municipality on 15.04.2006 and has been regularly paying taxes. While on 18.06.2025 the staff of Respondent No.2-Municipality inspected the property and had informed the Petitioner over mobile phone on 20.06.2025 that the property would be demolished for construction of the drainage. As there is serious threat of demolition by the Respondent authorities without issuing any prior notice, the present Writ Petition is filed. so 2 3. The learned Standing Counsel Municipality would taken, appearing for the Respondent No.2- submit that in the event of any demolition is being provisions of necessary procedure, Andhra Pradesh Municipalities as prescribed under the Act, 1965 and allied rules would be complied with and that the Writ Petition is misconceived. 4. Having heard the the submission of learned Standing Counsel are directed to follow the procedure the Andhra Pradesh Municipalities Act, demolition of the property in question. respective counsel and taking into consideration . the Respondent authorities prescribed under the provisions of 1965 for taking any action for 5. With the above observation No order as to costs. the Writ Petition is disposed of. As a sequel, pending applications, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGJSiTRAR SECtl^ OFFICER //TRUE COPY// To. 1. The Principal Secretary, State Administration and Urban of Andhra Pradesh, Municipal Development Department Secretariat, Velagapudi, Guntur District 2. The Commissioner, Vinukonda Municipality, Vinukonda Palnadu District. 3. One CC to SRI. SATYANARAYANA NIMMALA, Advocate [OPUC] 4. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV .High Court Of Andhra Pradesh. [OUT] 5. One CC to M/s. SIREESHA RANI, Advocate (SC FOR MUNICIPALITY) [OPUC] 6. Three CD Copies nm ■> HIGH COURT DATED:20/06/2025 \ \ ORDER WP.No.15010 of 2025 ■\ -c if 5 J(/L O ;5< ★ DISPOSING OF THE WP WITHOUT COSTS