Extracted from the PDF above. The PDF is authoritative.
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APHC010361952025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18225/2025 Between:
1. BHUPATHI SAMUEL, S/O.DAVID
AGED 35 YEARS, OCC.AGRICULTURELABOUR R/O.D.NO.21-49, DHARMAPURAM AGRAHARAM SIDDAPURAM ROAD, AKIVEEDU, W.G.DISTRICT ANDHRA PRADESH
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.
2. THE AKIVIDU NAGAR PANCHAYAT, AKIVIDU, WEST GODAVARI DISTRICT, AP REP.BY ITS COMMISSIONER
...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 topleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action 2nd respondent in issuing endorsement dated. 05-07-2025 in rejecting petitioner's representation Dated. 23-06-2025 to grant time to vacate the residential house situated in S.No.209/1,2, 3, 4 and 5 at Dharmapuram, Akividu Nagar Panchayat, West Godavari District as illegal, arbitrary and violation of Article 19 and 300A of Constitution of India and consequently direct the 2nd respondent to grant reasonable time as requested in petitioner's
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representation dated. 23-06-2025 to vacate the residential house situated in S.No.209/1, 2, 3, 4 and 5 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 pleased to direct the 2nd respondent to grant reasonable time as requested in petitioner’s representation dated: 23-06-2025 to vacate the residential house situated in S.No.209/1, 2, 3, 4 and 5 and pass Counsel for the Petitioner:
1. YASWANTH GADE Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
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The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner is aggrieved by the proceedings dated 05.07.2025, whereby the representation of the petitioner seeking six months’ time to vacate the plot and handover possession to the 2nd respondent was rejected.
2.
Learned counsel for the petitioner submits that the 2nd respondent had earlier issued notices to various occupants who had been residing there for a considerable period of time. The 2nd respondent had issued a show cause notice on 10.02.2025, and thereafter, passed final orders for vacation and demolition of the unauthorized occupation over the tank bed area.
3. A learned Single Judge of this Court, while considering a batch of writ petitions challenging the orders of demolition of the houses of the petitioners therein has dismissed the Writ Petitions by taking into
consideration the submission of the 2nd respondent that majority of the petitioners were given House Site Pattas, and most of them have also constructed the houses. The batch of Writ Petitions were dismissed duly considering the submission that the House Site Pattas were allotted to the petitioner, and further permitting the petitioners to extend their stay on the tank bed area was not considered.
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Learned counsel for the petitioner submits that the petitioner would require some more time for vacation of the house.
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5. On the contrary, learned Standing Counsel has placed on record the Patta certificate issued to the wife of the petitioner, granting her an extent of 49 Sq.yards of land in Kuppanapudi Layout on 23.10.2024.
6. Learned Standing Counsel further placed reliance on the order passed in W.P.(PIL) No.150 of 2019, wherein a learned Division Bench of this Court had directed the concerned Gram Panchayats and Municipalities to remove encroachments on the tank beds and Gramakantam lands, wherein unauthorized occupants/encroachments have been there for a long time.
7. Following the same, this Court is not inclined to interfere in this matter and accordingly, the Writ Petition is dismissed. No costs.
8. Pending miscellaneous petitions, if any, shall stand closed.
______________________ JUSTICE HARINATH.N Date : 18.07.2025 BMS