IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE A PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1137 OF 2025 ' Between: Gumma Madhav, S/o G Balramaiah, Aged about 58 years, Occ: cultivation R/o Bypasss roci 0pp. Hanuman Temple, Buchireddypalem, Nellore, BuchireddypalemT'"^ ...PETITIONER V... AND 1. The State of AP, Rep by its Principal Secretary, to Government Department, Secretariat Velagapudi Municipal Administration Amaravathi Guntur District. 2. The District Collector, SPSR Nellore, District. 3. The Buchireddy Palem Nagar, Panchayath rep by its. Commissioner Buchiredypalem, SPSR Nellore District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondent No 3 trying to demolish the incomplete structure existing in an extent of 5 Anknas in Sy No 1015 of Buchireddypalem Village and Mandal, Sri Potti Sriramulu Nellore District without passing orders to the explanation Dt. 27-06-2024 sent through register post dated 30.09.2024 for the notice issued by Respondent No.3 Dt 21-06-2024 as illegal arbitrary violation of principles of natural justice and violation of provisions under AP Municipality Act and in Rules and violation of Art 14 19 20 and 21 of constitution of India and consequently direct the respondents not to demolish the incomplete structure existing in an extent of 5 Anknas in Sy No 1015 orBodduvaripalern Village Kodavaluru, Kavali Division, Sri Potti Sriramulu Nellore District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to demolish structure in an extent of 5 Ankana's Sy No. 1015 of Buchireddy palem Village and Mandal, Sri Potti Sriramulu Nellore District without considering petitioner explanation Dt: 27-06-2024 sent through register post dated: 30.09.2024 pending disposal of the above Writ Petition and pass pending disposal of the above writ petition. Counsel for the Petitioner: SRI C VAMSI KRISHNA Counsel for the Respondent Nos. 1 & 2; GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER ^ 4 APHC010004142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] F 1 TUESDAY .THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1137/2025 Between; ...PETITIONER Gumma Madhav AND ...RESPONDENT(S) The State Of Ap and Others Counselfor the Petitioner; 1.CVAMSIKRISHNA Counsel for the Respondent{S); 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; a fe- 4. ORDER. : The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue Writ, order or direction more particulariy one in the nature of Writ of Mandamus declare the action of Respondent No. 3 in trying to demolish the incomplete structure existing in an extent of 5 Ankna's in Sy. No. 1015 of Buchireddypalem Village and Mandal, Sri Potti Sriramulu Nellore District without passing orders to the explanation Dt.27.06.2024 sent through register post dated 30.09.2024 for the notice issued by Respondent No.3 Dt 21.06.2024 as illegal, arbitrary, violation of principles of natural justice and violation of provisions under A.P. Municipality Act and Rules and violation of Art 14, 19, 20 and 21 of constitution of India and consequently direct the respondents not to demolish the incomplete structure existing in an extent of 5 Ankna’s in Sy.No.1015 of Bodduvaripalem Village, Kodavaluru Kavali Division, Sri Potti Sriramulu Nellore District and pass... ” 2. The brief facts of the case are that the petitioner is the absolute owner and possessor of the property situated in Sy.No.1015 to an extent of 72 Sq.yards acquired through Registered Settlement Deed dated 24.09.2018 vide Doc.No.2492 of 2018, through his father and has started constructing a house in an extent of 5 Ankana’s out of 9 Ankana’s. While the matter being so, after completion of almost 70% of the said construction, the petitioner had received notice on 21.06.2024, under Section 228(1) of the A.P. Municipalities Act, 1965, informing the petitioner to stop the construction activities that are being carried out by him, on the ground that the said construction is being done without obtaining any permission from the respondent authorities. In response to which, the petitioner had submitted an explanation dated 27.06.2024, through registered post dated 30.09.2024. 4. The main grievance of the petitioner is that in spite of receiving the explanation submitted by the petitioner to the impugned notice dated 21.06.2024; the respondents are initiating steps for demolishing the f 3. incomplete constructions that are existing in the petitioner’s scheduled property. Aggrieved by the action of the respondents, the petitioner had filed the present writ petition. 5. Heard Sri Vamsi Krishna Charupalli, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 & 2 and Smt. V.Sireesha Rani, learned Standing Counsel appearing for the respondent No.3, learned Government Pleader for Revenue and perused the material available record. on 6. Today when the matter came up for admission, learned Standing counsel appearing for the respondent No.3 has furnished a copy of instructions issued by the Commissioner, Buchireddypalem Nagara Panchayat, wherein it is stated that except the land in an extent of 15 Ankanams of auctioned site, the entire land in an extent of Ac. 1.82 cents in Sy.No.1015 of Buchireddypalem, which is an endowments land and is belonging to the Kondanda Rama Swamy Temple. But, the petitioner had authorizedly started constructions by encroaching the road and Kaluva Poramboku in the said land without obtaining the approval from Nagara Panchayat, the then Commissioner of Buchireddypalem Nagara Panchayat had issued notice on 21.06.2024 to the petitioner instructing him to the said constructions within seven (07) days from the date of receipt of the notice, as the constructions are illegal. It is further stated that the respondent No.3 has not received any explanation from the petitioner as alleged by him and in such a case, the respondent authorities reserves a right to stop any further construction of the work and requested to dismiss the writ petition. un remove 7. On a perusal of the instructions submitted by the learned Standing Counsel, it can be understood that except giving the provisional notice on 21.06.2024 to the petitioner, the respondent have not proceeded further by giving any confirmation order. But, however, though the petitioner claims to have submitted an explanation on 27.06.2024, the same was not 4 acknowledged by the respondents and even otherwise, on a perusal of the notice dated 27.06.2024 it shows that it was sent through Registered Post in the Month of September, 2024, to the petitioner. In view of the same, as the respondents have not passed any confirmation orders till date, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by granting liberty to the petitioner to submit an explanation to the impugned notice dated 21.06.2024 by duly enclosing the requisite documents, with a period of two (02) weeks from the date of receipt of a copy of the order and on receipt of the same, the respondents are directed to conduct an enquiry and pass appropriate orders in accordance with law. Till such time, the respondents are directed to not to interfere with the petitioner’s possession over the subject property. 8. With the above direction, the Writ Petition is disposed. There shall be no order as to costs. 9. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// I SECtlON OFFICER To, Government, Municipal Administration Department, Secretariat Velagapudi Amaravathi Guntur District. 2. The District Collector, SPSR Nellore, District. Commissioner, Buchireddy Palem Naqar Buchiredypalem, SPSR Nellore District "■ 4. One CC to Sri C Vamsi Krishna Advocate [OPUC] ^ [ORJcf Vallabhaneni (SC for Municipalities) Pradesh® [OU^^ Muncipal Admn And Urban Dev, High Court of Andhra 7. Three CD Copies 3. The Panchayath, TF HIGH COURT DATED:21/01/2025 ORDER WP.No.1137 of 2025 andh^ 12 FEB 2025 Co . Curreni aeciion ^ DISPOSING OF THE W.P., WITHOUT COSTS