THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.4342 of 2015 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondent in trying to demolish the structures of the petitioner's house situated in plot No.45 an extent of 191-38 square yards in Sy.No.250, 251, 253 situated at Bandamida Kammapalli, 4th Ward, Anjaneya Swamy Temple Street within the limits of Madanpalli Municipality, Chittoor District is illegal, arbitrary and violation of the principles of natural justice and consequently direct the 2nd and 3rd respondent not to demolish the structures of the petitioner's house situated in plot No.45 an extent of 191-38 square yards in Sy.No.250, 251, 253 situated at Bandamida Kammapalli, 4th Ward, Anjaneya Swamy Temple Street within the limits of Madanpalli Municipality, Chittoor District....” 2. The petitioner has purchased the plot No.45 to an extent of 133.33 square yards in Sy.No.250, 251, 253 situated at Bandamida Kammapalli, 4th ward, Anjaneya Swamy Temple Street within the limits of Madanpalli Municipality, Chittoor District from his vendor for valid consideration on 20.05.2003 vide document No.2605/2003. Ever since, the petitioner has been in possession of the said property and subsequently, permission vide R.F.B.A.No.181/2011/G1, dated 10.06.2011 was granted to the petitioner for regularization and penalization of unauthorized construction of building. 3. While the matter stood thus, without issuing a notice under Section 192 of A.P. Municipalities Act, 1965, the 2nd and 3rd respondents, along with other staff came to the petitioner’s property on 16.02.2015 to demolish the structures, in spite of issuance of permission on 10.06.2011. The action of the 2nd and 3rd respondents in trying to demolish the structures of the petitioner’s house situated in No.45 to an extent of 133.33 square yards in Sy.No.250, 251, 253 situated at Bandamida Kammapalli, 4th ward, Anjaneya Swamy Temple Street within the limits of Madanpalli Municipality, Chittoor District, without following due process of law, is under challenge in the present writ petition. 4. When the writ petition came up for admission on 24.02.2015, this Court has passed the following interim order: “…In view of the same, the respondents 2 and 3 are directed not to interfere with the construction of the petitioner, if it is made in according with the approved plan.” 5. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel. 6. During the course of arguments, learned Standing Counsel has submitted that in pursuance of the interim order granted by this Court on 24.02.2015, they have not interfered with the petitioner’s possession over the subject property and further submitted that if at all they intend to demolish the same, the authorities would follow due process of law. 7. In view of the said submission, this Court feels it appropriate to dispose of the writ petition by directing the 2nd and 3rd respondents not to interfere with the possession of the petitioner’s property in No.45 to an extent of 133.33 square yards in Sy.No.250, 251, 253 situated at Bandamida Kammapalli, 4th ward, Anjaneya Swamy Temple Street within the limits of Madanpalli Municipality, Chittoor District, without following the due process of law. 8. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE V.SUJATHA Date:23.01.2025 Gss