Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 30189 (AP)

SAMMINGA APPALARAJU v. THE STATE OF ANDHRA PRADESH

WP/22030/2025 · 2025-08-18

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010434842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22030 OF 2025 Between: Samminga Appalaraju, S/o Apparao, aged about 41 years, C/o H.No. 18-25- 63,Barma Colony, Near Durga Devi Temple, Nadupuru, VTC- Nadupuru (part)(Rural), PO.Pedagantyada, Visakhapatnam, Visakhapatnam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Prl. Secretary, Municipal Administration and Urban Development Department Velagapudi, Guntur District. Secretariat, 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam District. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation, Zone-V, Visakhapatnam District. 4. The Tashildar, Pedagnatada Mandal, Visakhapatnam District. ...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 an appropriate writ, order or direction preferable a Writ in the nature of a Mandamus declaring the action of the respondents particularly the 3rd and 4th respondents trying to an illegal demolition and dispossession of Shed in an extent of 80 Sq.yds of the petitioner situated in Sy.No.90, bounded by East: the land of Gadda, West: Plot No. 137, North: Empty place. South: the road, Barma Colony, 52 nd Ward, Zone-V, Visakhapatnam Visakhapatnam District, without following due process of law as illegal arbitrary, Ultravires and violation of Article 14, 300A of Constitution of India and consequently direct the respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 80 Sq.yds of the petitioner situated in Sy.No.90, bounded by East: the land of Gadda, West:Plot No. 137, North: Empty place. South: the road, Barma Colony, 52nd Ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law. 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 respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 80 Sq.yds of the petitioner situated in Sy.No.90, bounded by East: the land of Gadda, West: Plot No. 137, North: Empty place. South; the road, Barma Colony, 52 Visakhapatnam, Visakhapatnam District, without following due process of law, pending disposal of the above writ petition. Counsel for the Petitioner: SRI P NANILU NAIDU Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondents No.2 & 3: SC for GVMC Counsel for the Respondent No.4: GP FOR REVENUE The Court made the following Order: nd Ward, Zone-V, APHC010434842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22030/2025 [3457] Between: 1.SAMMINGA APPALARAJU, S/0 APPARAO, AGED ABOUT 41 YEARS, C/0 H.NO.18-25-63,BARMA COLONY, NEAR DURGA DEVI TEMPLE, NADUPURU, PO.PEDAGANTYADA, DISTRICT. VTC- r VISAKHAPATNAM NADUPURU (PART)(RURAL), J, VISAKHAPATNAM ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION REP.BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 3.THE ZONAL COMMISSIONER, ^ GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-V, VISAKHAPATNAM DISTRICT. 4.THE TASHILDAR, PEDAGNATADA MANDAL DISTRICT. VISAKHAPATNAM ...RESPONDENT(S): Counsel for the Petitioner: 1.P NANILU NAIDU Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER:- The petitioner is aggrieved by the inaction of the respondents in trying to demolition and dispossession of the petitioner from land admeasuring 90 square yards, situated in Survey No.80 of 52'^'^ Ward, Zone-V, Visakhapatnam. 2. It is submitted that the petitioner was granted house site patta 10.01.2017 and that the petitioner thereafter constructed a temporary shed and has been living in the shed. It is further submitted that without issuing any notice, respondent Nos.3 and 4 are now trying to dispossess the petitioner. on 3. The learned Standing Counsel appearing for respondent Nos.2 and 3, on oral instructions, submits that the respondents are not interfering with the possession of the petitioner, appearing for th6 4*^ respondent also submits that there is no interference from the office of the 4*'" respondent. The learned Assistant Government Pleader At any rate, it is submitted that if any further steps to dispossess demolish the petitioner’s property, the respondents shall follow the due process of law. 4. or 5. Recording the same, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- P. VINOD ^MAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. Visakhapatnam Municipal Corporation, 1. The Prl. Secretary Greater 2. The Commissioner, Visakhapatnam District. 7 ' 3. The Zonal Commissioner, Corporation, Zone-V, Visakhapatnam District. Greater Visakhapatnam Municipal 4. The Tashildar, Pedagnatada Mandal Visakhapatnam District. 5. One CC to Sri. P Nanilu Naidu, Advocate [OPUC] 6. Two CCs to GP for MUNCIPAL ADMN and URBAN DEV., High Court of Andhra Pradesh. [OUT] 7. One CC to Standing Counsel for Municipal Corporation for GVMC[OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh.[OUT] 9. Two CD Copies VNA HIGH COURT DATED:19/08/2025 ORDER WP NO. 22030 OF 2025 Si 19 AUG 2025 •ijufrentSectiojiX'^^ m o» .★ DISPOSING OF THE WRIT PETITION WITHOUT COSTS