• ^ IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 616 OF :: AMARAVATI Between: Shaik Mohammad Asif Jilani, S/o. ‘ Occ Mechanic, R/o. Door No.8/61 Kadapa, Kadapa district Shaik Mohammad Rafi, Aged 32 nagar, Chemmumiyapet, years. Ravindra ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Kadapa Municipal Corporation, Kadapa District. 3. The Town Planning Officer, Kadapa Municipal Corporation Kadapa District. Rep by its Commissioner, Kadapa Kadapa, 4. The District Collector, Kadapa, Kadapa District. 5. The Tahsildhar, Kadapa Mandal, Kadapa 6. Syed Mohammad Basha, ‘ Years, Occ; Business, R/o. D.No Kadapa District. S/o. Syed Fakeer Basha, Aged about 58 51/16, Ravindra Nagar, Near Shamiriya Masjid, Kadapa, Kadapa District. 7. Mohammad Yusuf, S/o. Mohammad Basha D.No. 8/7-IA, Ravindra , Aged about 46 years, R/o. nagar, Kadapa, Kadapa District. ...RESPONDENTS Petition under Articie 226 of the Constitution of india praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order, may or direction more particularly one in the nature of Wnf of Mandamus questioning the action of respondents No 2 3, and 5 m interfering with the possession of the petitioner and thereby trying to dispossess him from the land to the extent of 258 22 Sq Yds house bearing No. 50/19-5-1, Chemmumiahapet, Kadapa District behest of the respondent No. 6 and 7 as illegal, arbitrary and violation Ar.icle-14, 21 and 300-A of the Constitution of India and consequently 2,3 and 5 to not to interfere and disposes the an extent of 258.22 Sq Yds at house bearing Chemmumiahapet, Kadapa District, at at the of direct the respondents No. petitioner from the land to 50/19-5-1 No. jA NO: 1 OF stated rtTrrT"' “^^^'-^'ances s ated in the affidavit filed in support of the petition, the High Court pleased p to direct may be of the ,r No. 2,3 and 5 not to interfere and dispose the petitioner from the land to an extent of 258.22 Sq Yds Chemmumiahapet, Kadapa at house District, pending bearing No. 50/19-5-1 disposal of the above Writ Petition. Counsel for the Petitioner: SRI T. D. PHANI KUMAR Counsel for the Respondent No.1; GP FOR MUNICIPAL administration and urban development Counsel tor the Respondent Nos.2 & 3: SRI A.S.C.BOSE. SC FOR municipal corporation 4 & 5: GP FOR REVENUE 6 & 7:—- Counsel for the Respondent Nos. Counsel for the Respondent Nos. The Court made the following: ORDER 1 APHC010012352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 616/2025 Between; ...PETITIONER Shaik Mohammad Asif Jilani AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner; 1.T D PANI KUMAR Counsel for the Respondent{S); 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; r 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India r seeking the following relief: to issue a Writ, Order, or direction more particuiarly one in the nature of Writ of Mandamus questioning the action of respondents No. 2, 3 and 5 in interfering with the possession of the petitioner and thereby trying to dispossess him from the land to the extent of 258.22 Sq.Yards at house bearing No.50/19-5-1, Chemmumiahapet, Kadapa District at the behest of the respondent No.6 and 7 as iilegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondent Nos.2, 3 and 5 not to interfere and disposes the petitioner from the land to an extent of 258.22 Sq.yards at house bearing No.50/19-5-1, Chemmumiahapet, Kadapa District ” Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and learned Standing Counsel for respondent Nos.2 and 3. The case of the petitioner is that, the petitioner’s grandmother was granted a D-form patta on 05.08.1999 for an extent of 0.09 cents in Sy.No.538 of Chemmumiahapet, Kadapa Mandal and District. In pursuance of which, they have constructed a Tin shed in the said extent of land. While the matter being so, the unofficial respondent Nos.6 and 7, with the assistance of respondent No.2, are interfering with the petitioner’s possession without following due process of law. The learned Standing Counsel, representing respondent Nos.2 and 3, submitted written instructions, wherein it is stated that despite the petitioner 2. 3. 4. 3 enjoying the land in Sy.No.538 to an extent of 0.09 cents, the petitioner has also encroached the land in Sy.No.599, and the same was complained by the unofficial respondents herein to the 2^^ respondent, and basing upon the said complaint, they have conducted the survey. Subsequently, an encroachment notice was issued to the petitioner under Section 406 of the APMC Act on 04.04.2024. But, however, it is a fact that the petitioner’s grandmother was granted 5. a D-form patta to an extent of 0.09 cents in Sy.No.538 on 05.08.1999, and the petitioner has been in possession of the said land in pursuant to the said D- form patta in an extent of 0.09 cents in Sy.No.538 of Chemmumiahapet, Kadapa Mandal and District. In view of the above, instead of keeping the writ petition pending, this 6. Court feels it appropriate to dispose of the writ petition by directing the respondent Nos.2 to 5 not to interfere with the petitioner’s possession to an extent of 0.09 cents in Sy.No.538 of Chemmumiahapet, Kadapa Mandal and District, without following due process of law. With the above direction, the Writ Petition is disposed of. There shall be 7. no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Kadapa Municipal Corporation, Kadapa, Kadapa District. c 3. The Town Planning Officer, Kadapa Municipal Corporation, Kadapa, Kadapa District. 4. The District Collector, Kadapa, Kadapa District. 5. The Tahsildhar, Kadapa Mandal, Kadapa, Kadapa District. 6. One CC to Sri T. D. Phani Kumar, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporation[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 10. Three CD Copies. ssb / • HIGH COURT DATED:09/01/2025 ORDER WP.No.616 of 2025 t? I 0 7 FEB 2025 Current Seeiion ■Ji o\\ w; DISPOSING OF THE W.P. WITHOUT COSTS