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2025 DAILYLAW 29207 (AP)

Sri.Chengi Krishna Prasad Reddy v. THE STATE OF ANDHRA PRADESH

WP/21321/2025 · 2025-08-11

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I '8 ’ APHC010417862025 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.N WRIT PETITION NO: 21321 OF 2025 Between: 1. Sri.Chengi Krishna Prasad Reddy, S/o Muraganand, aged about 28 years. Coolie, Resident of Door No.14/57, Narasimharao Street, 14th Ward, Venkatagiri Town and Municipality, Tirupathi District (Erstwhile SPSR Nellore District), AP-524132. 2. Chngi Gayathri Reddy, D/o Ch.Muraganand, aged about 25 years. Resident of Door No. 14/57, Narasimharao Street, 14th Ward, Venkatagiri Town and Municipality, Tirupathi District, Andhra Pradesh- 524132. ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Building, Velagapudi, Amravati, Guntur District, Andhra Pradesh. 2. The Venkatagiri Municipality, rep. by its Municipal Commissioner, Venkatagiri Town, Tirupathi District, AP. ...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 particularly, one in the nature of writ of Mandamus to declare the action of the unauthorized interference of the 2nd Respondent/Municipal Commissioner, Venkatagiri, over the petitioners lands in (1) Sy.Np.115/1 to an extent of 240 sq. yards, (2) Sy.No.115/1 to an extent of 240 sq. yards house plots, situated at Periyavaram Revenue Village, Venkatagiri Town and Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh, ithout following due procedure established by law and interference with the petitioners peaceful possession and enjoyment over the said land as illegal, arbitrary and violation of principles of natural justice and Constitution of India direct the 2nd Respondent/Municipal Commissioner, interfere in peaceful possession and enjoying 300-A of the Venkatagiri not to 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, house plots, situated at Periyavaram Revenue Village, Venkatagiri Town and Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh. 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 2 nd Respondent/Municipal Commissioner, Venkatagiri not to interefere 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, house plots situated at Periyavaram revenue village, Venkatagiri Town & Municipality limits, Tirupathi District (Previously SPSR Nellore 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 MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: SRI G LAKSHMI NARAYANA The Court made the following order: APHC010417862025 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 PETITIOM NO: 21321/2025 Between: 1.SRI.CHENGI KRISHNA PRASAD REDDY, S/0 MURAGANAND AGED ABOUT 28 YEARS, COOLIE, RESIDENT OF DOOR NO.14/57, NARASIMHARAO STREET, 14TH WARD, VENKATAGIRI TOWN AND TIRUPATHI DISTRICT (ERSTWHILE MUNICIPALITY, NELLORE DISTRICT), AP-524132. SPSR 2.CHNGI GAYATHRI REDDY, D/0 CH.MURAGANAND, AGED ABOUT 25 YEARS. STREET, 14TH WARD, VENKATAGIRI TOWN AND MUNICIPALITY TIRUPATHI DISTRICT, ANDHRA PRADESH- 524132. RESIDENT OF DOOR NO. 14/57, NARASIMHARAO ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDING, AMRAVATI, GUNTUR DISTRICT, ANDHRA AND URBAN DEVELOPMENT, VELAGAPUDI, PRADESH. 2.THE VENKATAGIRI MUNICIPALITY REP. BY ITS MUNICIPAL COMMISSIONER, VENKATAGIRI TOWN, TIRUPATHI DISTRICT, AP. ...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 to issue a Writ Order or direction particularly, one in the nature of writ 2 2?^ of Mandamus to declare the action of the unauthorized interference of the 2nd Respondent/Municipal Commissioner, Venkatagiri, over the petitioners lands in (1) Sy.Np. 115/1 to an extent of 240 sq. yards, (2) Sy.No. 115/1 to an extent of 240 sq. yards house plots, situated at Periyavaram Revenue Village, Venkatagiri Town and Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh, ithout following due procedure established by law and interference with the petitioners peaceful possession and enjoyment over the said land as illegal, arbitrary and violation of principles of naturaljustice and Constitutionof India direct the 2nd Respondent/Municipal Commissioner, interfere in peaceful possession and enjoying 300-A of the Venkatagiri not to 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, house plots, situated at Periyavaram Revenue Village, Venkatagiri Town and Municipality limits, Tirupathi District (Previously SPSR Nellore District) of Andhra Pradesh and to pass such 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.RAJASEKHAR SYKAM Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 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 ever 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 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. now 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. 5. Accordingly, the Writ Petition is disposed <^. There shall be no order as to costs. 4. I 4 6. Pending miscellaneous petitions, if any, shall star q closed. assist AN ^ SECTl //TRUE COPY// TTICER To, 1. The Principal Secretary, Department of Municipal Administration Urban Development, Secretariat Building, Velagapudi, Amravati, Guntur District, Andhra Pradesh. 2. The Municipal Commissioner, Venkatagiri Municipality, Venkatagiri Town, Tirupathi District, AP. 3. One CC to Sri. Raja Sekhar Sykam, Advocate [OPUC] 4. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 5. Two CD Copies. and AL w HIGH COURT DATED:12/08/2025 ORDER WP NO. 21321 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS