APHC010411082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.t^ WRIT PETITION NO: 20986 OF 2025 . Between: Shaik Rijwana. D/o Late Dastagiri, aged about 40 years, R/o Dr.No.25-1-170, Plot N0.4-A, Lakshmi narasimhapuram, Podalkur Road Nellore District (A.P) Nellore City, SPSR ...Petitioner^ AND 1. State, through the Principal Secretary, the Municipal Administration Urbane Development Department, Amaravati 522237 2. The Nellore Municipal Corporation, Darmaitta, Nellore City - 524003 3. The Dargamitta Police Station, through City - 524003 and A.P.Secetrary, Velagapudi through its Commissioner its SHO, Dargamitta, Nellore ...Respondents Petition under Article 226^of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased to issue the Writ of Mandamus may be or any appropriate Writ directing the Respondent Nos.2 and 3 to not to interfere with the Fundamental Rights of the Petitioner in respect of her subject property and may direct them to produce the certified copies of alleged approved Layout plan, its approval proceedings and the proceedings of land use from agricultural purpose to residential user 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 direct the Respondent Nos.2 and 3 to not to interfere with the Fundamental Rights of the Petitioner in respect of her subject property pending disposal of W.P. Counsel for the Petitioner: M/S. TAMMA POOJA DEEPTHI _ Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND _ URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL: CORPORATIONS) The Court made the following order: APHC010411082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20986/2025 Between: 1.SHAIK RIJWANA, , D/O LATE DASTAGIRI, AGED ABOUT 40 YEARS, R/0 DR.NO.25-1-170 , PLOT N0.4-A, LAKSHMI NARASIMHAPURAM, PODALKUR ROAD, NELLORE CITY, SPSR NELLORE DISTRICT (A.P) ...PETITIONER AND 1.STATE, THROUGH THE PRINCIPAL SECRETARY, THE MUNICIPAL ADMINISTARTION AND URBANE DEVELOPMENT DEPARTMENT, A.P.SECETRARY, VELAGAPUDI, AMARAVATI 522237 2.THE NELLORE MINICIPAL COPRORATION, THROUGH ITS COMMISSIONER, DARMAITTA, NELLORE CITY - 524003 3.THE DARGAMITTA POLICE STATION, THROUGH TIS SHO DARGAMITTA, NELLORE CITY - 524003 ...RESPONDENT(S): Counsel for the Petitioner: 1.TAMMA POOJA DEEPTHI Counsel for the Respondent{S): 1.GP FOR HOME 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: Order: The learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in not considering her representation dated 04.02.2025 and also the unauthorized action of the 2^^ respondent in demolishing the compound wall of the petitioner. 2. It is alleged that on 12.04.2025 and again on 01.08.2025, officials of the 2^^^ respondent, accompanied by men from the 3^^ respondent, re-entered the property of the petitioner and claimed that the petitioner was in occupation of open plot in the layout L.P.No.95/1991. In this regard, the petitioner submitted a representation seeking a copy of the layout bearing L.P.No.95/1991 and other related documents from the 2"'* respondent. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2""^ respondent. 4. The learned Standing Counsel appearing for the 2""^ respondent submits that, to ascertain the ownership of the petitioner, the 2""^ respondent sought submission of a copy of the petitioner’s title document; however, instead of submitting the same, the petitioner submitted a representation calling upon the 2^^ respondent to furnish the documents as detailed in her representation dated 04.02.2025. 5. It is further submitted that, on instructions, a civil suit bearing O.S. No. 7 of 2024 is pending before the Senior Civil Judge, Nellore. Upon inspection of the subject site, it was determined that the respondent authorities have neither demolished the wall nor trespassed into the subject property. On enquiry, it 3 was found that the compound wall was erected by the petitioner about two years ago and, as of the date of inspection the same is intact. It is also stated in the written instructions that the subject site is not covered under L.P. No. 95/1991. Accordingly, this Writ Petition is disposed off at the stage of admission, making it clear to the petitioner to submit a copy of her sale deed and title deed to the 2"^^ respondent and the respondent shall duly consider the same and dispose of the representation of the petitioner in accordance with law. At any rate, the same shall be completed within a period of six (06) weeks from the date of receipt of this order. Till then, the respondent authorities shall not disturb the petitioner’s possession. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand clg^^ 7. Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTf^^FFICER To, 1. The Principal Secretary, Municipal Development Department, Secretariat, Velagapudi, Amaravati 2. The Commissioner, Nellore Municipal Coproration City - 524003 3. The SHO, Dargamitta Police Station, Dargamitta, Nellore City - 524003 4. One CC to M/s. Tamma Pooja Deepthi Advocate [OPUC] ^ 5. One CC to Sri A S C Bose (SC for Municipal [OPUC] 6. Two CCs to GP for Home, High Court of Andhra 7. Two CCs to GP for Muncipal Admn Andhra Pradesh [OUT] 8. Two CD Copies Administartion and Urbane 522237 , Darmaitta, Nelfote- Corporations) Advocate^' Pradesh [OUT] ' and Urban Dev, High Court of TF HIGH COURT DATED:12/08/2025 ORDER WP NO. 20986 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS