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2025 DAILYLAW 26747 (AP)

KALAIGAR SHAMEENA v. THE STATE OF ANDHRA PRADESH

WP/19830/2025 · 2025-07-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010378812025 ' IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE HARINATH.N WRIT PETITION NO: 19830 OF 2025 Between: ; I Kalaigar Shameena, W/o.Kalaigar Mahammad Ayub, Aged about 5^ R/o. D.No. 10-23, Yetigadda Palem,Tadipatri Mandal, Ananthapur District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Ananthapur District. 3. The Tadipatri Municipalities, rep. by its Municipal Commissioner, Tadipatri, Ananthapur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances seated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring Respondents herein particularly Respondent No.3 illegally trying to demolish the petitioner's house from the peaceful possession and enjoyment situated in D.No. 10/24-2, Yetigada Palem, Tadipatri, Anathapur District without issuing any notice nor without following the due process of law is nothing but illegal, arbitrary, highhandedness and % rights guaranteed under Articles 14, 19, 21 Constitution of India and against the rendered judgment by and 300-A of the Hon'ble Supreme Court in W.P.(Civil)No. 295 of 2022 and consequently direct the respondents to not take any coercive steps the same. lA 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 to I direct ^he Respondents not take any coercive steps for demolition of my house property situated in D.No.10/24-2, Yetigada Palem, Tadipatri, Anathapur Distridt. Counsel for the Petitioner: SRIP. RAVIKANTH Counsel for the Respondents: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents: GP FOR REVENUE The Court made the following order: % APHC010378812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19830/2025 Between: 1.KALAIGAR SHAMEENA, W/O.KALAIGAR MAHAMMAD AYUB, AGED YETIGADDA ABOUT 51 YEARS, R/0. D.NO. 10-23, PALEM,TADIPATRI MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT. 3.THE MUNICIPAL COMMISSIONER, TADIPATRI, ANANTHAPUR DISTRICT. ...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 n^ay be pleased topleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring Respondents herein particularly Respondent No.3 illegally trying to demolish the petitioner's house from the peaceful possession and enjoyment situated in D.No. 10/24-2, Yetigada Palem, Tadipatri, Anathapur District without issuing any notice nor without following the due process of law is nothing but illegal, arbitrary, highhandedness and violation of principles of natural justice, apart from violation of fundamental rights guaranteed under Articles 14, lb, 21 2 Constitution of India and against the rendered judgment by and 300-A of the the Hon'ble Supreme Court in W.P.(Civil)No. 295 of 2022 and consequently direct the respondents to not take any coercive steps the same and pass lA ^0: 1 OF 2025 i 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 Respondents not take any coercive steps for demolition of my house property situated in D.No.10/24-2, Yetigada Palem, Tadipatri, Anathapur District and pass Counsel for the Petitioner: li.P RAVIKANTH Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE % r 3 The Court made the following Order: Learned coun$el for the petitioner submits that the 3'"'^ respondent is interfering with the petitioner’s possession of land admeasuring 62 SqLyards. It is submitted that, on an earlier occasion, the 3'"'^ respondent issued a notice I calling upon the petitioner to demolish the compound wall by alleging that the same was constructed beyond the extent of land to which the petitioner was entitled to. It is submitted that the petitioner had demolished the yvall and reconstructed the compound wall at her own extent of land. However, it is now submitted that the 3’’^ respondent, without issuing any nptice, is sending their men and machinery by holding out a threat to demolish the petitioner’s house. Learned Assistant Government Pleader appearing fof the 3 respondent submits that notice dated 08.07.2019 was issued, whereby the petitioner was called upon to demolish the compound wall, which was rd 2. constructed beyond the extent over which the petitioner has no right and title. Considering the submissions made and considering that the notice dated 08.07.2019 was duly complied with by the petitioner, ahy action i which the 3'"*^ respondent intends to take on the petitioner’s property would 3. have to be in accordance with law. The possession and enjoyment of the petitioner shall not be disturbed by the 3’’'^ respondent without issuing any I notice and without following due process of law. i 4. Accordingly, the Writ Petition is disposed of. There shell be no order as to costs. k 4 ■M 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Department of Municipal Administration, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 1. 2. The District Collector, Ananthapur District. Commissioner, Tadipatri Municipalities, Tadipatri 3. iThe Municipal ^ Ananthapyr District. 4. i One CC to Sri P Ravikanth, Advocate [OPUC] 5. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies RAM . ^ HIGH COURT DATED;31/07/2025 i 13 AUfi 71175 r ^ . Curreni iieciion . ^42gSPATCH^^ ORDER WP NO. 19830 OF 2025 «9, disposing of the WP WITHOUT COSTS