APHC010379952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19306/2025 Between: 1. SHAIK MASTAN VALI, , S/O SAIDA SAHEB, 58 YEARS, BUSINESS, R/O D.NO.3-19-38/A, OLD PATTABHIPURAM, GUNTUR. 2. SHAIK JANNA,, S/O. JOHN AHMAD, 48 YEARS. BUSINESS, R/O D.N0.3- 19-38/A-1, OLD PATTABHIPURAM, GUNTUR. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR, GUNTUR DISTRICT. GUNTUR DISTRICT. 3. ANNAVARAPU VENKATA RAMANA, S/O NAGAIAH, AGED ABOUT 68 YEARS, RETD. EMPLOYEE, R/O D.NO. 3-19-37/B, OLD PATTABHIPURAM, GUNTUR TOWN AND MANDAL, GUNTUR 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 may be pleased tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents particularly the respondent no.2, in issuing the notices dated 19.06.2025 under Sections 405 and 406 of the Andhra Pradesh Municipal Corporations Act, 1955, without considering the petitioners reply dated 15.07.2025 and in utter disregard to the binding decree dated 03.10.2018 passed in O.S. No.9 of 2013 and 10 of 2013 on the file of the Principal Junior Civil Judge, Guntur, as arbitrary, illegal, without jurisdiction, vitiated by mala fides, violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the notices dated 19-06- 2025 and direct the respondent no.2 not to interfere with the petitioners peaceful possession and enjoyment of the residential property bearing door nos. D.No.3- 19-38/A-1 and door no. 3-19-38/A respetively, situated at Old Pattabhipuram, Guntur Municipal Corporation, Guntur, and pass IA 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 may be pleased to direct the respondent no.2 not to demolish or interfere with the peaceful possession and enjoyment of the petitioners residential houses bearing 2 Door Nos.3-19-38/A and 3-A 19-38/A-1, situated at Old Pattabhipuram, Guntur pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1. SATYANARAYANA NIMMALA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19306 OF 2025 ORDER : 1. Aggrieved by the issuance of notice dated 19.06.2025, whereby it is alleged that the petitioners have encroached the public road and constructed their house. The learned counsel for the petitioners submit that the petitioners have acquired the encroached property from their vendors and that the 3rd respondent has filed a false complaint. 2. The learned counsel for the petitioners submit that the 1st petitioner herein has filed OS.No.9 of 2013 by granting permanent injunction against 3rd respondent herein not to interfere with possession over the suit schedule property. It is further submitted that the 3rd respondent filed AS.No.291 of 2018, which was pending on the file of II Additional District Judge, Guntur. 3. The learned standing counsel for the 2nd respondent submits that the petitioners had occupied 30 feet road and constructed house in the middle of it by leaving five feet road passage and that he has submitted the reply on 15.07.2025 to the impugned notice. 4. Recording the same, the 2nd respondent to consider the reply and pass necessary orders and take necessary action if warranted within period of eight weeks from the date of receipt of the order. Till then, the petitioners’ possession shall not be disturbed unless and until the 2nd respondent completes the enquiry. Accordingly, the writ petition is disposed off, without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.19306 OF 2025 Dated. 24.07.2025 KGM