APHC010395982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'Or WEDNESDAY,THE THIRTIETH DAY OF JULY Ja [ TWO THOUSAND AND TWENTY FIVE O to o PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19937 OF 2025 Between: 1. N P Suryanarayana Reddy, S/o. N P Narsi Reddy, Age 57 years, R/o. D/No. 18-139, Kondapuram Village, Penukonda Mandal, Anantapur District. 2. N P Narasimha Reddy,, S/o. N P Anjana Reddy, Age 60 years, R/o. D/No. 18-139, Kondapuram Village, Penukonda Mandal, Anantapur District. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal and Urban Development Department, Secretariat, Amaravathi, Andhra Pradesh. 2. The Penukonda Nagar Panchayath, Rep by its Municipal Commissioner, Penukonda Sri Sathya Sai District. 3. The District Collector, Sri Sathya Sai District at Puttaparthy 4. The Tahsildar, Penukonda Mandal, Sri Sathya Sai District. 5. The Station House Officer, Penukonda Town Police Station, Penukonda, Sri Sathya Sai District. ...Respondents % 0 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 to issue a writ. Order or Direction, particularly one in the nature of Writ of Mandamus declaring the notice N0.02/2025/G1 dated 28.07.2025 issued by the 2nd Respondent as illegal, arbitrary and violative of principle of Natural Justice and violative of Article 14, 21, 300-A of Constitution of India and consequently direct the 2nd Respondent not to demolish the compound wall constructed by the Petitioners in Kondapuram Village, Penukonda Nagar panchayath Sri Sathya Sai district and set-aside the notice No.02/2025/G1 dated 28.07.2025 issued by the 2nd Respondent. 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 stay all further proceedings pursuant to the notice No. 02/2025/G1, dated 28/07/2025 issued by the 2"" Respondent, pending disposal of the Writ Petition. Counsel for the Petitioners: SRI RAMAKRISHNA AKURATHI Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI P VENGAL REDDY SC FOR MUNICIPAL CORPORATION Counsel for the Respondent Nos. 3 and 4: GP FOR REVENUE Counsel for the Respondent No. 5: GP FOR HOME The Court made the following order: 1 HN,J W.P.No.19937 2025 APHC010395982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19937/2025 Between: 1.N P SURYANARAYANA REDDY, S/0. N P NARSl REDDY, AGE 57 YEARS, R/0. D/NO. 18-139, KONDAPURAM VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT. 2.N P NARASIMHA REDDY,, S/0. N P ANJANA REDDY, AGE 60 YEARS, R/0. D/NO. 18-139, KONDAPURAM VILLAGE, PENUKONDA MANDAL, ANANTAPUR DISTRICT. ...PETITIONER{S) AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL MUNICIPAL AND URBAN DEVELOPMENT SECRETARY, DEPARTMENT SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 2.THE PENUKONDA NAGAR PANCHAYATH, REP BY ITS MUNICIPAL COMMISSIONER, PENUKONDA SRI SATHYA SAI DISTRICT. 3.THE DISTRICT COLLECTOR, SRI SATHYA SAI DISTRICT AT PUTTAPARTHY 4.THE TAHSILDAR, PENUKONDA MANDAL, SRI SATHYA SAI DISTRICT. 5.THE STATION HOUSE OFFICER, PENUKONDA TOWN POLICE STATION, PENUKONDA, SRI SATHYA SAI DISTRICT. ...RESPONDENT(S): 2 § HNJ , W.P.No.l9937_2025 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 nature of Writ of Mandamus declaring the notice 28.07.2025 issued by the 2nd Respondent as illegal, arbitrary and violative of principle of Natural Justice and violative of Article 14, 21, Constitution of India and consequently direct the 2nd Respondent not to demolish the compound wall constructed by the Petitioners in Kondapuram Village, Penukonda Nagar panchayath Sri Sathya Sai district and set-aside the notice No.02/2025/G1 dated 28.07.2025 issued by the 2nd Respondent and pass 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 Counsel for the Petitioner(S): 1. RAMAKRISHNA AKURATHI Counsel for the Respondent(S): 1.GPFOR HOME 2.GP FOR REVENUE 3.GP MUNCIPAL ADMN AND URBAN DEVAP particularly one in the N0.02/2025/G1 dated 300-A of 3 % HN, J W.P.No.19937 2025 The Court made the following Order: The petitioners are aggrieved by the impugned notice dated 28.07.2025, calling upon the petitioners to remove the compound wall which is allegedly constructed by occupying the property belonging to the 2'^'^ respondent. 1. The learned counsel for the petitioners submits that the petitioners’ family consists of four brothers, and each of the brother was alloted Ac.0.03 cents of land. Two of the brothers have constructed houses and are residing therein, while the other two have erected a compound wall to safeguard the property. It respondent authority, based on a news item published in a newspaper alleging occupying of Government land, conducted a survey behind the back of the petitioners. It is submitted that the survey report allegedly determined the petitioners to be in illegal occupation of land belonging to the 2"^^ respondent. 2. nd is further submitted that the 2 3. The learned Standing counsel appearing for the 2"'^ respondent submits that the petitioners are in unauthorized occupation of the land belonging to the 2""* respondent. Heard the learned counsel appearing for the petitioners, the learned Standing counsel appearing for the respondent No.2, the learned Assistant Government Pleader appearing for the respondent Nos.3 and 4 and the learned Assistant Government Pleader appearing for the respondent No.5. 4. 4 HN, J W.P.No.19937 2025 It is not in dispute that the survey was conducted without issuing any notice to the petitioners. It would therefore be appropriate to conduct a fresh survey, after duly issuing appropriate notice to both petitioners by the 2 respondent, in order to determine the issue of alleged illegal occupation by the petitioners. 5. nd 6. With these observations, the impugned proceedings are hereby set aside, leaving it open for the respondent to conduct a fresh survey. It is needless to say that the notice addressed by the 2"^^ respondent to the petitioners for cooperating with the survey shall be duly complied. Pending the survey, no coercive steps shall be taken against the petitioners. 7. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR / //TRUE COPY// SECTION OFFICER To, Urban Development 1. The Principal Secretary, Municipal and Department, State of AP, Secretariat, Amaravathi, Andhra Pradesh. Penukonda Nagar Panchayath, 2. The Municipal Commissioner, Penukonda Sri Sathya Sai District. 3. The District Collector, Sri Sathya Sai District at Puttaparthy 4. The Tahsildar, Penukonda Mandal, Sri Sathya Sai District. Penukonda Town Police Station, 5. The Station House Officer, Penukonda, Sri Sathya Sai District. 6. One CC to Sri. Ramakrishna Akurathi Advocate [OPUC] 7. One CC to Sri. P Vengal Reddy SC for Municipal Corporation [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 10. 11. GSC HIGH COURT DATED:30/07/2025 ORDER WP NO. 19937 OF 2025 DISPOSING THE WP WITHOUT COSTS