IN THE HIGH COURT OF ANDHRA PRADESH :::: AMARAVATL (Special Original Jurisdiction) WEDNESDAY,THE NINETEENTH day of FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATH>flk WRIT PETITION NO: 4805 OF 201 ^ Between: Chebrolu Ghandi Chowadary. S/o Hanumaih R/o 3-28-18/160 5th lane Rajendra Nagar, aged about 61 years. Business, Guntur. ...PETITIONER- AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, (Municipai Adminstration) Secretariat, Hyderabad. 2. The Municipal Corporation Guntur, Rep. by its Municipal Commissioner and Special officer. Municipal Corporation office. Main road, Guntur. 3. The Town Planning Officer, Municipal Corporation Guntur, Municipal Corporation otfice. Main road, Guntur. 4. The Superintendent Engineer, Corporation office. Main road, Guntur. Municipal Corporation Guntur, Municipal ...RESPONDENTS Petition under Article 22^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court, e pleased to issue writ or direction particularly in the nature of mandamus any other appropriate writ, declaring the the premises of the petitioner to may or action of the respondents in marking 5th demolish the structure in D.No 3-28- 18/160, lane Rajendranagar, bearing assessment No. 13707, following the due Guntur without and opposed to process of law as illegal, arbitrary principles of law and natural justice and guaranteed under Article 300-A of constitution direct the respondent authorities to follow due infringement of property right J of India and process of law. consequently lA NO: 1 OF 2015fWPMP. NO: 63«n OF Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court be pleased to direct the respondents herein Structures in the may not to interfere or demolish the premises bearing D.No. 3-28-18/160, 5th lane Rajendranagar, bearing assessment No. 13707 Guntur belonging to the petitioner pending disposal of the writ petition. Counsel for the PetitionerSRI P VIJAYA KIRAN ^ Counsel for the Respondent No.1: GP-MUNCIPAL ADMN Counsel for the Respondents No.2 to 4: AND URBAN DEV SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER APHC010368472015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4805/2015 Between: ...PETITIONER Chebrolu Ghandi Chowadary, Guntur AND ...RESPONDENT(S) PrI Secy Mun Admn 3 Ors and Others Counsel for the Petitioner: 1.P VIJAYA KIRAN Counsel for the Respondent{S): 1.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: -7|K 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- ‘‘....to issue writ or direction particuiariy in the nature of mandamus or any other appropriate writ, deciaring the action of the respondents in marking the premises of the petitioner to demoiish the structure in D.No.3-28-18/160, 5^^ iane Rajendranagar, bearing assessment No.13707 Guntur without Mowing the due process of law as iilegai, arbitrary and opposed to principles of law and natural justice and infringement of property right guaranteed under Article 300-A of constitution of India and consequently direct the respondent authorities to follow due process of law... ” The case of the petitioner is that he is the absolute owner of the property of an extent of 2387 sq. yards situated at lane, Rajendranagar, having purchased the same under registered sale deed in the year 1981. He obtained permission from the respondent authorities and constructed a house bearing D.No.3-28-18/160 and has been regularly paying property taxes. 2. 3. While so, in the process of road widening, the 3'"^ and 4^'' respondents visited the said premises and without any formal notice or compensation details, made markings for demolition of the premises and informed the petitioner that they would start demolition within ten days. Hence, the present writ petition is filed. 4. When the matter came up for admission on 27.02.2015, this Court passed the following interim order; 3 “....Sri A.Pandu Ranga Rao, learned counsel takes notice for respondents 2 to 4 and seeks time for getting instructions. Post along with W.P.No.3460 of 2015: Till then, status quo obtaining as on today shall be maintained. Heard learned counsel for the petitioner and learned Standing counsel 5. appearing for respondent Nos.2 to 4. 6. Today, when the matter came up for hearing, learned Standing Counsel representing respondent Nos.2 to 4, on oral instructions, has informed this Court that in pursuance of the interim order dt.27.02.2015 granted by this Court, the respondents have not interfered with the petitioner’s property i.e.. D.No.3-28-18/160, 5*'" lane, Rajendranagar and further stated that if at all they intend to interfere with the same, they will follow due process of law. Recording the same, the Writ Petition is disposed of directing the 7. respondents not to interfere with the possession of the petitioner over the scheduled property without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR W % ' SECTIO //TRUE COPY// N OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, (Municipal Adminstration) Secretariat, Hyderabad. 2. The Municipal Commissioner and Special Officer, Municipal Corporation^/ Guntur, Municipal Corporation office. Main road, Guntur. 3. The Town Planning Officer, Municipal Corporation Guntur, Corporation office, Main road, Guntur. 4. The Superintendent Engineer, Municipal Corporation Guntur, Municipal Corporation office. Main road, Guntur. 5. One CC to SRI. P VIJAYA KIRAN, Advocate [OPUC] 6. Two CCs to GP-MUNCIPAL ADMN AND URBAN DEV, Andhra Pradesh. [OUT] 7. One CC to SRI. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS,) Advocate [OPUC] 8. Three C.D.Copies Municipal HiglrCourt of nm - i. HIGH COURT DATED: 19/02/2025 ORDER WP.No.4805 of 2015 DISPOSING OF THE WP WITHOUT COSTS