APHC010315332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Si* xym oc! I 3 THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE 'V^'...,. M > / o '\v PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15725 OF 2025 Between: 1. T. G. Mohanavalli, W/o. C. Ellappa, Aged about 62 years, Occ; Retired Tahsildar, R/o. D.No. 1-153/1, Tiruthani Road, Kattamanchi, Chittoor, Chittoor District. 2. C. Ellappa, S/o. Late C. Nagaiah, Aged about 65 years, Occ: Retired TTD Employee, R/o. D.No. 1-153/1, Tiruthani Road, Kattamanchi, Chittoor, Chittoor District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, A.P Secretariat Buildings, Velagapudi, Guntur District. 2. The Chittoor Municipal Corporation, Rep. by its Commissioner, Chittoor, Chittoor District. 3. The Commissioner, Chittoor Municipal Corporation, Chittoor, Chittoor District. 4. G Prabhakaraiah, S/o. late B. Gangaiah, Aged about 54 years, Occ; Employee, R/o. Paipalle Village, Kanipakapatnam post, Thavanampalle Mandal, Chittoor 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 declaring the action of the Respondents herein particularly Respondent No.3 in issuing the Impugned Notices cum Orders vide Notice N0.01/2025/WPRS-04, Dt. 16.04.2025 and Notice NO.02/2025/WPRS- 04, Dt. 19.06.2025 under Sections 405, 406 and 461 of HMC Act, 1955 whereby directing the petitioners to remove the unauthorized ramp construction raised in the Road Margin measuring 10 Sq.yards covered in Sy.No.221, covering Door No. 1-153/1, Kattamanchi, Chittoor, Chittoor District without considering the Explanation submitted by petitioners on 22.04.2025 and without giving reasonable time is questioned as nothing but arbitrary, illegal, contrary to the well- established legal principles apart from being violative of Principles of Natural Justice and fundamental, constitutional rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and set aside the same and consequently direct the Respondents not to remove the Ramp pursuant to the Impugned Notices cum Orders vide Notice No.01/2025/WPRS-04, Dt. 16.04.2025 and Notice NO.02/2025/WPRS- 04, Dt. 19.06.2025. the 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 suspend the Impugned Notices cum Orders vide Notice N0.01/2025/WPRS-04, Dt. 16.04.2025 and Notice No.02/2025/WPRS- 04, Dt. 19.06.2025 in respect of petitioners’ property situated at Sy.No.221, covered by Door No. 1-153/1 of Kattamanchi, Chittoor, Chittoor District., pending disposal of the Writ petition before this Hon’ble court. Counsel for the Petitioners : SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3 : SRI P. VENGALA REDDY, SC FOR MUNICIPALITY Counsel for the Respondent No.4 : NONE APPEARED The Court made the following: ORDER APHC010315332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15725/2025 Between: 1.T G MOHANAVALLI, W/0 C. ELLAPPA, AGED ABOUT 62 YEARS, OCC RETIRED TAHSILDAR, R/0 D.NO. 1-153/1, TIRUTHANI ROAD, KATTAMANCHI,CHITTOOR,CHITTOOR DISTRICT 2.C. ELLAPPA, S/0 LATE C. NAGAIAH, AGED ABOUT 65 YEARS, OCC RETIRED TTD EMPLOYEE, R/0 D.NO. 1-153/1, TIRUTHANI ROAD, KATTAMANCHI,CHITTOOR, CHITTOOR DISTRICT ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE CHITTOOR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER. CHITTOOR, CHITTOOR DISTRICT. . 3.THE COMMISSIONER, CHITTOOR MUNICIPAL CORPORATION, CHITTOOR, CHITTOOR DISTRICT. 4.G PRABHAKARAIAH, S/0 LATE B. GANGAIAH, AGED ABOUT 54 YEARS, OCC EMPLOYEE, KANIPAKAPATNAM POST, CHITTOOR DISTRICT R/O PAIPALLE VILLAGE, THAVANAMPALLE MANDAL, ...RESPONDENT(S): 2 Counsel for the Petitioner(S); 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent{S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15725 of 2025 ORDER: 1. The present Writ Petition is filed questioning the impugned Notice- cum-Orders issued vide Notice No.01/2025/WPRS-04, dated 16.04.2025 and Notice No.02/2025/WPRS-04, dated 19.06.2025 under Sections 405, 406 and 461 of the Andhra Pradesh Municipal Corporations Act, 1955 directing the Petitioners to remove the construction raised in the road margin admeasuring 10 Sq. Yards in D.No. 1-153/1, situated in Sy.No.221 of Kattamanchi, Chittoor, Chittoor District. 2. The learned counsel for the Petitioners submits that the Petitioners are the absolute owners of the property to an extent of 234.96 Sq. Yards having purchased the same under a registered Sale Deed vide document No.5405/2003, dated 17.09.2003. A civil suit O.S.No.50 of 2015 on the file of the Additional Senior Civil Judge, Chittoor was instituted by them against the Respondent No.4 for declaration of title and for permanent injunction when their possession was questioned. ‘ While so, the Respondent authority had issued a notice on 16.04.2025 calling upon the Petitioners to remove the encroachment of 10 Sq. Yards on the road margin within seven (7) days. 2 3. The counsel for the Petitioners further submits an explanation was given by the Petitioners vide legal notice dated 22.04.2025 and no orders were passed thereon. However, the Respondent authority again issued another notice on 19.06.2025 calling upon the Petitioners for the reason. The learned counsel for the Petitioners submits that though explanation was submitted vide notice dated 22.04.2025 to the notice dated 16.04.2025 without same passing any orders on the explanation submitted by the Petitioner, another notice dated 19.06.2025, cannot be sustained. 4. Learned Standing Counsel appearing for the Respondent- Corporation submits that there is definite encroachment by the Petitioner and the same is causing hindrance to the moving traffic on the road. 5. Considering the rival contentions, this Court is of the opinion that the Writ Petition can be disposed of with the following directions; (i) The Respondent authority shall pass orders pursuant to the explanation submitted by the Petitioner on 22.04.2025 to the netioe dated 16.04.2025 and take further action as per the procedure established under law; (ii) Till such time, status quo shall be maintained; (ii) No order as to costs. 3 Accordingly, the Writ Petition is disposed of. 6. As a sequel, pending applications, if any, shall stand closed. Sd/- M. SRINiyAS ASSISTANT REGI //TRUE COPY// AR / iON OFFICER S To 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P Secretariat Buildings, Velagapudi, Guntur 2. The Commissioner, Chittoor Municipal Corporation, Chittoor, Chittoor District. District. 3. The Commissioner, Chittoor Municipal Corporation, Chittoor, Chittoor District. 5. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] 6. Two CCs to GP for Municipal Admn And Urban Development, High Court of Andhra Pradesh at Amaravati [OPUC] 7. One CC to Sri P. Vengala Reddy, SC for Municipality (OPUC) 8. Two CD Copies i Cnr HIGH COURT DATED:26/06/2025 ORDER WP 15725/2025 0 8 JUL 2025 t5\ «o rrentScctjop/V^ DISPOSING OF THE W.P. WITHOUT COSTS