APHC010383302025 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: 19423/2025 Between: 1. VALLAPU ALIVELU, , W/O NADIPI VENGAMUNI, AGED 47 YEARS, HOUSE WIFE, R/O 1-7-442-2-1, Y.S. RAJA REDDY COLONY PULIVENDULA TOWN, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE PULIVENDULA MUNICIPALITY, REP. BY ITS MUNICIPAL COMMISSIONER, PULIVENDULA, YSR KADAPA 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned Notice No. 2/Sec-15/2025 dated 15.07.2025 issued directing to remove the compound wall of petitioners house bearing D.No. 1-7-442-2-1 covered by S.No. 527/2 alleged to have been constructed by encroaching road within 7 days from the date of receipt of the said notice and subsequent endorsement vide Proceedings in ROC.No.1140/2025/G1 dated 21.07.2025, as being illegal, arbitrary and violative of Orders of Honble High Court of Andhra Pradesh in W.P.No. 11179/2025, as illegal, irregular, irrational arbitrary, violative of provisions of natural justice and also violative of orders of the Honble Court 2 and consequently direct the 2nd respondent not to interfere with petitioners peaceful possession and enjoyment of my above said property 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 pleased to suspend the operation of impugned Notice No. 2/Sec-15/2025 dated 15.07.2025 and its subsequent endorsement vide Proceedings in ROC.No.1140/2025/G1 dated 21.07.2025 and consequently direct the 2nd respondent not to interfere with petitioner’s peaceful possession and enjoyment of my house property bearing D.No. 1-7-442-2-1 of Pulivendula Town, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned proceedings dated 15.07.2025 and 21.07.2025. The petitioner was granted a Form-D patta to an extent of 1½ cents in Survey No.527/2 in Pulivendula village. It is submitted that when the revenue authorities tried to dispossess the petitioner alleging that the petitioner had encroached an extent of Ac.0.0126 cents, the petitioner filed Writ Petition No.11179 of 2025. The said Writ Petition was disposed of by this Court on 01.05.2025 directing the respondent authorities to issue notice to the petitioner and demarcate the property assigned to the petitioner and take further action accordingly. It is submitted that the respondent authorities have issued notice dated 15.07.2025, duly referring to the order passed by this Court. However, no survey or no demarcation of the property was conducted by the respondent authorities. It is also submitted that the impugned proceedings dated 21.07.2025 would refer to the directions of this Court in W.P.No.11179 of 2025; however, the demarcation of the property was not done, but the direction to remove the alleged encroached portion of the land admeasuring Ac.0.0126 cents was observed. 2. Learned Standing Counsel for the 2nd respondent submits that the respondent authorities in compliance with the orders of this Court have issued a notice dated 15.07.2025, and that the property of the petitioner was demarcated and that the petitioner was directed to remove the encroached construction. 4 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Municipal Administration and Urban Development for the 1st respondent as well as the learned Standing Counsel for the 2nd respondent. 4. The 2nd respondent, in the written instructions, has stated that the property was assessed to an extent of 55.76 Sq.meters only, and that the petitioner had encroached beyond the extent of land for which the petitioner was issued Form-D patta in the year 1992. 5. Be that as it may, there is nothing on record to show that the respondent authorities have implemented the order passed by this Court in W.P.No.11179 of 2025 in letter and spirit. Therefore, the 2nd respondent is hereby directed to demarcate the petitioner’s property by issuing a proper notice to the petitioner and then only take any action if so warranted. Till then, the possession of the petitioner shall not be disturbed without following due process of law. 6. Accordingly, the Writ Petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 28.07.2025 BMS