APHC010317602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16117/2025 Between: 1. KARRI NAGESWARA RAO, S/O GODAVARI NAIDU AGED ABOUT 61 YEARS, OCC GOVT EMPLOYEE, R/O D.NO.B204, ADITYA OCEAN HEIGHTS, TARAKARAMA LAYOUT, RUSHIKONDA, VISAKHAPATNAM, ANDHRA PRADESH. 2. KARRI ESWARI,, W/O K. NAGESWARA RAO, AGED ABOUT 52 YEARS OLD, OCC HOUSEWIFE, R/O D.NO.B204, ADITYA OCEAN HEIGHTS, TARAKARAMA LAYOUT, RUSHIKONDA, VISAKHAPATNAM,ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATI,GUNTUR DISTRICT. 2. YALAMANCHILI MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, ANAKAPALLI DISTRICT. 3. THE TOWN PLANNING OFFICER, YELAMANCHILI MUNICIPALITY, ANAKAPALLE DISTRICT, ANDHRA PRADESH. 2 4. THE WARD PLANNING SECRETARY, 14TH WARD,YELAMANCHILI MUNICIPALITY, ANAKAPALLE DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Notice of the 3rd Respondent issued an endorsement bearing 25/1137/YLM/UC/2025 dated 16.06.2025., MDO Office Road, Gandhi Nagar, Yelamanchili, Anakapalle District, without affording any opportunity of hearing and without considering the Petitioners reply dated 18.06.2025, as per se illegal, manifestly arbitrary, unreasonable, irrational, perverse, unfair, biased, preposterous, whimsical, capricious, unconscionable, unconstitutional and violative of Articles 14, 19 and 21 of the Constitution of India, and Consequently direct the 2nd and 3rd Respondent not to take any coercive steps, including demolition, in respect of the subject property measuring 950 square yards in D.No./Plot No. 1-2, survey No. 54, located at MDO Office Road, Gandhi Nagar, Yelamanchili, Anakapalle District, and to allow the Petitioners to continue in peaceful possession and enjoyment of the said premises and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the provisional order dated 16.06.2025, issued by the 3rd Respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. THOKA DEVA DEEPAK ANIRUDH YADAV Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16117/2025 ORDER: The present Writ Petition is filed seeking the following relief: “ to declare the Notice of the 3rd Respondent issued an endorsement bearing 25/1137/YLM/UC/2025 dated 16-06-2025, MDO Office Road, Gandhi Nagar, Yelamanchili, Anakapalle District without affording any opportunity of hearing and without considering the Petitioners’s reply dated 18-06-2025 as per se illegal and arbitrary and Consequently direct the 2nd and 3rd Respondents not to take any coercive steps including demolition in respect of the subject property measuring 950 square yards in D No /Plot No 1-2, survey No. 54, located at MDO Office Road, Gandhi Nagar, Yelamanchili, Anakapalle District and to allow the Petitioners to continue in peaceful possession and enjoyment of the said premises”. 2. Learned counsel for the Petitioners submits that the Petitioners had given an explanation to the impugned Notice on 18.06.2025 and as there is threat of dispossession without there being any confirmation order, the present Writ Petition is filed. 3. Learned Standing Counsel on instructions submits that the explanation of the Petitioner dated 18.06.2025 is received by the 4 Respondent Authorities and further action will be taken only after issuance of the Confirmation Order. 4. In view of the submission made by the learned Standing Counsel, no further orders are required to be passed in this Writ Petition. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________ NYAPATHY VIJAY, J. Date: 03-07-2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WP No.16117 of 2025 Dt.03-07-2025 U eha