APHC010369242014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21078/2014 Between: Dr. Yalla Vivek, ...PETITIONER AND The District Collector and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 4. GP FOR IRRI AND CAD (AP) 2 The Court made the following order: The Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the respondents in demolishing petitioners house bearing Door No.13-1-26 Main Road, Parvathipuram Village and Mandal, Vizianagaram District without following due process of law is arbitrary illegal and capricious and pass…” 2. The case of the petitioner is that Sri Late K. Satyanarayana was the absolute owner of the house bearing Door No. 13-1-26. On 29.09.1983, a municipal plan was approved for the basement and ground floor of the building, vide sanction letter issued under B.A. No. 112/83-A1 by the Commissioner of Parvathipuram Municipality, Parvathipuram-respondent No.3. Based on the sanctioned plan, Sri Late K. Satyanarayana constructed the house. The petitioner purchased the said house from Sri K. Dattatreyulu and 10 others, the legal heirs of Sri Late K. Satyanarayana, under a registered sale deed on 06.07.2001. There was a Varahalu Gedda (drain) between the building and the main road, and no direct access to the house. The petitioner then made a representation to the Executive Engineer of the Irrigation Department, Parvathipuram-respondent No.3, on 15.12.2001, requesting permission to construct a culvert. Permission was granted by letter No.572 DB/D2, dated 31.12.2001, and the culvert was subsequently constructed. The building is leased for residential purposes. However, without issuing any notice to the petitioner, respondents Nos. 1 and 3 came to the petitioner’s premises 3 and demolished part of the property on 12.07.2014. Hence, the present writ petition is filed. 3. When the matter came up for admission on 25.07.2014, this Court passed the following interim order: “….Sri B.D.Maheswar Reddy,learned Standing Counsel, requests a week’s time to obtain instructions. Learned Standing Counsel would submit that, for a period of ten days, the respondents shall not undertake any further demolition.” 4. Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondents. 5. Today when the matter is taken up for hearing, the learned Standing counsel for the respondent No.3 has stated that they have only removed the encroachments made by the petitioner on the road margin and have not interfered with the petitioner’s property in Door No.13-1-26, Main Road, Parvathipuram Village and Mandal, Vizianagaram District. 6. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the petitioner’s property without following due process of law. There shall be no order as to costs. Miscellaneous petitions pending, any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 22.01.2025 SNI 4 327 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21078 of 2014 Date: 22.01.2025 SNI