1 APHC010385252025 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: 19491/2025 Between: 1. SRINIVASA RAO PAILA, S/O. LATE KRISHNA RAO PAILA, AGE 54 YEARS, R/O. 2-4D-61/1/1, SECTOR 6, PLOT NO 35, RAJEEV PARK, VISAKHAPATNAM, (URBAN), LB COLONY, VISAKHAPATNAM , ANDHRA PRADESH-530017. 2. . SMT. PAILA BRAMARAMBA, W/O SRINIVASA RAO, AGE 49 YEARS, R/O. 2-4D-61/1/1, SECTORS, PLOT NO 35, RAJEEV PARK, VISAKHAPATNAM, (URBAN) LB COLONY VISAKHAPATNAM , ANDHRA PRADESH- 530017. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SINGURU SAI KRISHNA 2 Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The petitioners are aggrieved by the action of the respondents in trying to demolish the property of the petitioners constructed over an extent of 66.6 square yards situated at Ward No.18 (old Ward No.23), Sector 6, M.V.P. Colony, Visakhapatnam. 2. It is submitted that the 1st petitioner, along with his wife, purchased land admeasuring 138.81 square yards vide a registered sale deed dated 01.04.2009. It is also submitted that adjoining the petitioners’ property is surplus Government land admeasuring 66.6 square yards, over which the petitioners constructed a compound wall and raised a room with RCC slab, consisting of 270 square feet. 3. It is submitted that the petitioners’ efforts to get possession of the excess land regularized by the respondent authorities did not yield any results. It is also submitted that the respondent authorities, without issuing any notice, have been trying to demolish the same in a high-handed manner. 4. The learned Standing Counsel appearing for the 2nd respondent submits that, even as per the pleadings, the petitioners have encroached upon Government land admeasuring 66.6 square yards. It is submitted that the said property forms part and parcel of a 'Gedda' (at present drainage). Based on oral instructions, it is further submitted that the property is a water body and, therefore, the same cannot be regularized. 4 5. Heard the learned counsel for the petitioners and the learned Standing Counsel for the 2nd respondent. 6. Perused the record. 7. The learned counsel for the petitioners places reliance on G.O.Ms.No.388, dated 24.08.2017, which entitles applicants to regularize land in their occupation, subject to the land being unobjectionable. The procedure contemplated for regularization of such property is also notified in the said G.O. 8. Be that as it may, the admitted stand of the petitioners is that they have been in possession of land admeasuring 66.6 square yards of Government land since 2009, and that any action initiated by the 2nd respondent would be in accordance with law by giving proper notice if the respondent authorities intend to take any action. 9. Accordingly, this Writ Petition is disposed off. 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 5 6