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2025 DAILYLAW 26571 (AP)

BATCHU NALINI v. THE STATE OF ANDHRA PRADESH

WP/19010/2025 · 2025-07-27

Harinath N

body2025

Judgment text

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APHC010376042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19010/2025 Between: 1. BATCHU NALINI, W/O. B.RAJESH KHANNA, AGED ABOUT 42 YEARS, OCC HOUSE WIFE, R/O. D.NO. 8/83A, M.S.R. ROAD, KANIGIRI TOWN AND MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH-523230 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI, PRAKASAM DISTRICT, AP. ...RESPONDENT(S): Counsel for the Petitioner: 1 . TURAGA SAI SURYA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER:- The petitioner is aggrieved by the action of the respondents in trying to demolish the alleged encroachment by the petitioner, and the impugned notice dated 19.07.2025 is challenged in the present writ petition. 2. This Court directed the learned Standing Counsel appearing for the 2nd respondent to ascertain the extent of the alleged encroachment, which forms the subject of the notice dated 19.07.2025. 3. Today, the learned Standing Counsel appearing for the 2nd respondent, on written instructions, submits that the petitioner had constructed the ground, first, second, third, and fourth floors after obtaining permission from the then Kanigiri Nagar Panchayat on 07.11.2021. It is submitted that the petitioner constructed the building with deviations, and that an extent of 26 feet 10 inches in length and 5 feet in width of the road portion was encroached upon by the petitioner. It is further submitted that the respondent authorities are only trying to restrain the encroachment of the road. 4. Taking the instructions on record, this writ petition is disposed off, directing the respondents to take action in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2025 PNS 3