APHC010417192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) . 'O# MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE £o PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION No: 21695 OF 2025 Between: Dubagunta Gopi Krishna Murthy, S/o. Balaramaiah, Aged about 82 years, R/o. Chinta Reddy Palem Donka, Nellore Town, SPSR Nellore'District. ...PETITIONER AND 1. The State of Andhra Pradesh, represented by its Principal Secretary Municipal Administration and Urban Development Secretariat, Velagapudi, Amaravati, Guntur District. 2. Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, SPSR Nellore District. 3. Devireddy Vaisutha, D/o.Radha Krishna Reddy, Age not known, R/o. Ramamurthy Nagar, Nellore Town, SPSR Nellore Town. Department, ...RESPONDENTS 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 more particularly one in nature of WRIT OF MANDAMUS declaring the action of the 2 nd Respondent in interfering with the petitioners possession and enjoyment of his property situated in an extent of Ac. 0.75 cents in Sy. No. 808 (Old Sy. No. 869) of Bit- 11, Nellore Town, Nellore Urban Mandal, SPSR Nellore District, and an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy. No. 869) of Bit-ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District as illegal, arbitrary. I 4 unconstitutional besides being violative of Articles 14, 21 and 300(A) of the constitution of India and in violation of principles of natural justice consequently direct the 2nd Respondent not to interefere in the petitioners peaceful possession and enjoyment of the property situated in an extent of Ac. 0.75 cents in Sy. No. 808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal of SPSR Nellore District and an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal of SPSR Nellore District. lA No: 1 OF 2025 and 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 2^^ Respondent not to interfere with the petitioner’s property situated in the extent of Ac. 0.75 cents in Sy. No. 808 (Old Sy. No. 869) of Bit- ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District, and-an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy. No. 869) of Bit-ll Nellore Urban Mandal, SPSR Nellore District without following due process of law. Nellore Town, Counsel for the Petitioner: SRI K.P.S. SAILESH REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI VIJAYA KUMAR SATA representing SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.3: The Court made the following order: > APHC010417192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21695 OF 2025 Between: 1.DUBAGUNTA GOPI KRISHNA MURTHY, S/0 BALARAMAIAH, AGED ABOUT 82 YEARS, R/0 CHINTA REDDY PALEM DONKA, NELLORE TOWN, SPSR NELLORE DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION AND DEPARTMENT, SECRETARIAT, PRINCIPAL SECRETARY, URBAN DEVELOPMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT 3.DEVIREDDY VAISUTHA, D/0 RADHA KRISHNA REDDY, AGE NOT KNOWN, R/0. RAMAMURTHY NAGAR, NELLORE TOWN, SPSR NELLORE TOWN. ...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 nature of WRIT OF MANDAMUS declaring the action of the 2nd Respondent in interfering with the petitioners possession and enjoyment of his property situated in an extent of Ac. 0.75 cents in Sy. No. 808 (Old Sy. No. 869) of Bit- 11, Nellore Town, Nellore Urban Mandal, SPSR Nellore District, and an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy. No. 869) of Bit-ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District as illegal, arbitrary, unconstitutional besides being violative of articles 14, 21 and 300(A) of the constitution of India and in violation of principles of natural justice consequently direct the 2nd Respondent not to interefere in the petitioners peaceful possession and enjoyment of the property situated in an extent of Ac, 0.75 cents in Sy. No. 808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal of SPSR Nellore District and an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal of SPSR Nellore District. and 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 pleased to DIRECT the 2'^'^ Respondent not to interfere with the petitioner’s property situated in the extent of Ac. 0.75 cents in Sy. No. 808 (Old Sy. No. 869) of Bit-ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District, and an extent of Ac. 0.50 cents in Sy. No. 808 (Old Sy. No. 869) of Bit-ll Nellore Town, Nellore Urban Mandal, SPSR Nellore District without following due process of law and pass Counsel for the Petitioner; I.K.P.S. SAILESH REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP THE HONOURABLE SMT JUSTICE KIRANMAYEE WRIT PETITION NO: 21695 OF 2Q2fi MANDAVA The Court made the following order: Heard Sri K.P.S.Sailesh Reddy, learned Sri Vijaya Kumar Sata, learned counsel counsel for the petitioner and representing Sri A.S.C.Bose. learned Standing Counsel for Municipal Administration appearing for the respondents. 2. The grievance of the petitioner is that the 2^' respondent at the behest of the 3'"^ respondent in interfering with the possession and enjoyment of the subject property to an extent of Ac.0.75 cents in Sy.No.808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District and extent of Ac.0.50 cents in Sy.No.808 (Old Sy.No.869) of Bit-ll, Nellore Town, Nellore Urban Mandal, SPSR Nellore District. 3. Today, when the matter is taken up for admission, the learned Standing Counsel has placed on record a copy of the written instructions received from the 2""^ respondent and submits that it is not within the knowledge of the Corporation as to who is the owner of the subject premises. However, it is further stated that the respondent Corporation has never interfered with the subject land. If any interference is felt necessary, the same shall be after following the due process of law. 4. In view of the foregoing, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTIOr^FFICER //TRUE COPY// To 1. The Principal Secretary Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District. 3. Devireddy Vaisutha, D/o. Radha Krishna Reddy, Age not known, R/o. Ramamurthy Nagar, Nellore Town, SPSR Nellore Town. 4. One CC to Sri. K.P.S.Sailesh Reddy, Advocate [OPUC] 5. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri A.S.C.Bose, SC for Municipal Corporation. [OPUC] 7. Two CD Copies. g« HIGH COURT DATED:18/08/2025 ORDER WP No. 21695 OF 2025 5( 12 SEP 2025 ^^s^JyrrentSecti ''Ssseais^ Co DISPOSING THE WRIT PETITION WITHOUT COSTS