3 -a, . APHC010398502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST ( TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20136 OF 2025 Between: 1. Sri Moravaneni Venkateswarlu, S/o late Krishnaiah, aged about 65 Coolie, Resident of Rajaveedi, Venkatagiri Town Municipality, Tirupathi District, Andhra Pradesh. 2. Sri. Machala Rajesh, S/o Sankaraiah, aged about 32 years. Coolie Kayyuru Village, Balayapalli Mandal, Tirupathi District, Andhra Pradesh. 3. Sri.KVinayMithra, S/o K Raghavendra Babu, aged about 32 years. Coolie, R/D.No.23-406, Jeenigalavari Veedhi, Pathakota, Venkatagiri Town, Tirupathi District, Andhra Pradesh-524132. 4. Smt. Chinthala Manemma, W/o Subramanyam, aged about 38 years. Coolie, R/D.No.6/383, NTR Colony, Venkatagiri Town, Tirupathi District, Andhra Pradesh-524132. I 5. Smt. M.KeerthiSree, C/o K VinayMithra, aged about 30 R/D.No.23-406, JeenigalavariVeedhi, Pathakota, Venkatagiri Town District, Andhra Pradesh-524132 years, years. Coolie Tirupathi ...Petitioners AND 1. The'State of Andhra Pradesh, of Municipal Administration Velagapudi, Amravati, Guntur District, Andhra Rep. by its Principal Secretary, Department Urban Development, Secretariat Pradesh. 2. The Venkafagiri Municipality, rep by its. Municipal Commissioner Venkatagiri Town, Tirupathi District Building AP. ...Respondents Petition under Article 226 of the Constitution Of India praying that in the circumstances stated in the affidavit filed therewith, pleased to issue a Writ Order of Mandamus declaring the action the High Court may be or direction particularly, one in the nature of writ of unauthorized interference of the 2nd Respondent/Municipal Commissioner, Venkatagiri (1) Sy.No.115/1 to over the petitioners lands in an extent of 240 sq.yards, (2) Sy.No.115/1 to an extent of 240 sq.yards, (3) Sy.No.115/1 to an extent of 240 sq.yards(4) Sy.No.115/1 to an extent of 240 sq.yards and (5) Sy.No.115/1 house plots, situated at Periyavaram Municipality limits, Tirupathi District (Previously SPSR Nellore District) Andhra Pradesh, without following the procedure established under law illegal, arbitrary and violation of principles to Article 300-A of the Constitution to an extent of 240 sq.yards, revenue Village, Venkatagiri Town of as of natural justice as well as oppose of India consequentially, direct the 2nd . Respondent/Municipal Commissioner, Venkatagiri not to interfere in peaceful enjoying the petitioners lands located at Periyavaram sq.yards, (2) sq.yards, (3) Sy.No.115/1 to an extent of 240 an extent of 240 sq.yards and (5) Sy.No.115/1 sq.yards, house plots, situated at Periyavaram Village, Venkatagiri Town Municipality SPSR Nellore District) of Andhra Pradesh. possession and Revenue Village (1) Sy.No.115/1 Sy. No. 115/1 to an extent of 240 to an extent of 240 sq.yards(4) Sy.No.115/1 to an extent of 240 to revenue limits, Tirupathi District (Previously f ^ lA NO: 1 OF 2n7.q Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the 2 may be pleased to Respondent/Municipal Commissioner, Venkatagiri not to interfere in peaceful possession and nd enjoying the petitioners lands located at Periyavaram Revenue Village (1) Sy.No.115/1 to an extent of 240 sq.yards, sq.yards, (3) Sy.No.115/1 to an extent of (2) Sy.No. 115/1 to an extent of 240 240 sq.yards (4) Sy.No.115/1 to I Sy.No.115/1 to an extent of 240 Periyavaram Revenue Village, Venkatagiri Town & Municipality limits Tirupathi District (Previously SPSR Nellore an extent of 240 sq.yards and (5) sq.yards, house plots, situated at District) of Andhra Pradesh pending disposal of the above writ petition. Counsel for the Petitioners: SRI RAJA SEKHAR SYKAM Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI GUDAPATI LAKSHMINARAYANA SC FOR MUNICIPALITIES The Court made the following order: APHC010398502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20136/2025 Between: 1.MORAVANENI VENKATESWARLU, S/0 LATE KRISHNAIAH, AGED YEARS, COOLIE, RESIDENT OF RAJAVEEDI, MUNICIPALITY, ABOUT 65 VENKATAGIRI TOWN ANDHRA PRADESH. TIRUPATHIDISTRICT, 2.SRI. MACHALA RAJESH, S/0 SANKARAIAH, AGED ABOUT 32 KAYYURU VILLAGE, BALAYAPALLIMANDAL, YEARS, COOLE TIRUPATHIDISTRICT, ANDHRA PRADESH. 3.SRI.KVINAYMITHRA, S/0 K RAG HAVEN DRABABU, AGED ABOUT 32 COOLIE, R/D.NO.23-406, JEENIGALAVARIVEEDHI, TOWN, TIRUPATHIDISTRICT, YEARS, PATHAKOTA, VENKATAGIRI ANDHRA PRADESH-524132. 4.SMT. CHINTHALAMANEMMA, W/0 SUBRAMANYAM, AGED ABOUT 38 YEARS. COOLIE, R/D.NO.6/383, NTR COLONY, VENKATAGIRI TOWN, TIRUPATHI DISTRICT, ANDHRA PRADESH-524132. 5.SMT. M.KEERTHISREE, C/0 K VINAYMITHRA, AGED ABOUT 30 R/D.NO.23-406, JEENIGALAVARIVEEDHI, YEARS, COOLIE PATHAKOTA, VENKATAGIRI TOWN TIRUPATHIDISTRICT, ANDHRA PRADESH-524132 ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE VENKATAGIRI MUNICIPALITY, REP BY ITS.. MUNICIPAL COMMISSIONER VENKATAGIRI TOWN, TIRUPATHI DISTRICT, AP. 2 ...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 particularly one in the nature of writ of Mandamus declaring the action of unauthorized interference Of the 2nd Respondent/Municipal Commissioner, Venkatagiri over the petitioners lands in (1) Sy.No.115/1 to an extent of 240 sq.yards (2) Sy.NoJ 15/1 to an extent of 240 sq.yards, (3) Sy.No.115/1 to an extent of 240 sq.yards(4) Sy.No.115/1 to an extent of 240 sq.yards and (5) Sy No 115/1 to ari extent of 240 sq.yards, house plots, situated at Periyavaram revenue Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh, without following the procedure established under law as illegal, arbitrary and violation of principles of natural justice as well as oppose to Article 300-A of the Constitution of India consequentially, direct the 2nd Respondent/Municipal Commissioner Venkatagiri not to interfere in peaceful possession and enjoying the petitioners lands located at Periyavaram Revenue Village (1) Sy.No.115/1 an extent of 240 sq.yards, (2) Sy.No.115/1 to an extent of 240 sq yards (3) Sy.No.115/1 to an extent of 240 sq.yards(4) Sy.No.115/1 to an extent of 240 sq.yards and (5) Sy.No.115/1 to an extent of 240 sq.yards, house plots situated at Periyavaram revenue Village, Venkatagiri Town Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh and to pass s lA NO: 1 OF 2025 to ■ t.u 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 2nd Respondent/Municipal Commissioner, Venkatagiri not to interfere in peaceful possession and enjoying the petitioners lands located at Periyavaram Revenue Village (1) Sy.No.115/1 to an extent of 240 sq.yards. (2) Sy.No.115/1 to an extent of 240 sq.yards, (3) Sy No 115/1 to an extent of 240 sq.yards(4) Sy.No.115/1 to an extent of 240 sq yards and (5) Sy.No.115/1 to an extent of 240 sq.yards, house plots, situated at Periyavaram revenue Village, Venkatagiri Town & Municipality limits Tirupathi District (Previously SPSR Nellore District) of Andhra pending disposal of the above writ petition and to Pradesh pass Counsel for the Petitioner(S): 1. RAJA SEKHAR SYKAM Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners have purchased open plots vide settlement deeds in the year 2023. It is submitted that the plots are part of the layout in Survey No. 115/1 in Origin Complex admeasuring 240 Sq.yards each in Venkatagiri Town, it is submitted that since purchase of those plots, the petitioners are in possession and enjoyment. It is submitted that the petitioners have also got the property assessed for municipal taxes and also paying the applicable taxes for the property owned by the petitioners. It is submitted that the 2"^^ respondent is now in the process of dispossessing the petitioners without issuing any notice. Learned Standing Counsel appearing for the 2""^ respondent submits that the layout is not approved layout, and that the petitioners cannot claim right over the property in the layout which is not approved by the competent authority. ever 2. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the 2"^^ respondent. As seen from the settlement deeds, the petitioners have inherited the properties from their ancestors. Therefore, the 2"'^ respondent is hereby directed not to dispossess the petitioners without following due process of law and without issuing any notice calling upon the petitioners to explain as to why their possession over the property should not be disturbed. Accordingly, the Writ Petition is disposed of. There shall be 4. 5. no order as to costs. mm.m 4 " ^ 6. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO deputy f^GiSTRAR SECTIO^^OFFi^R //TRUE COPY// To, a.,. , Velagapudi, Amravati, Guntur District, Andhra Pradesh 2. The Municipal Contntissioner, VenRatagiri Municipality, Ven.atagiri Town, Tirupathi District, A.P. ''enKatagin & Building, 3. One CC to Sri Raja Sekhar r ZloTT,T Development gh Court of Andhra Pradesh. [OUTj 5. Two CD Copies Sykam, Advocate [OPUCJ RAM V HIGH COURT i I DATED:04/08/2025 ORDER WP NO. 20136 OF 2025 » DISPOSING OF THE WP WITHOUT COSTS t