APHC010456332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23124/2025 Between: 1. KANDIPALLI NAGEWARI, W/O RAMARAO, AGED ABOUT 40 YEARS, C/O H.NO.18-25-18,BARMA COLONY, NEAR DURGA DEVI TEMPLE, NADUPURU VTC- NADUPURU (PART)(RURAL), PO.PEDAGANTYADA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, 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, VISAKHAPATNAM DISTRICT. ...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 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 2 HN, J W.P.No.23124_2025 dispossession of Shed in an extent of 90 Sq.yds of the petitioner situated in Sy No 91, bounded by East the land of Dhadi lakshminarayana. West Rastha,North Rastha, South Bora Sujatha, 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 90 Sq.yds of the petitioner situated in Sy.No.91, bounded by East the land of Dhadi lakshminarayana. West Rastha, North Rastha, South Bora Sujatha, Barma Colony, 52nd Ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law and pass IA 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 suspend the impugned mediator report dated 26.08.2025 as well as the oral suspension directions issued by the respondents, by permit the petitioner to continue distribution of essential commodities to the cardholders through Fair Price Shop No. 0826018, situated at Budawada Village, J. Panguluru Mandal, Bapatia District, and pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.23124_2025 Order:- The petitioner is aggrieved by the unilateral and arbitrary actions of respondent Nos.3 and 4 in trying to dispossess the petitioner. 2. It is submitted that the petitioner was granted a house site under the scheme for grant of house sites to the landless poor, and the house site patta was sanctioned on 30.06.1997. The petitioner has been residing in the said property after constructing a small house. It is now submitted that respondent Nos.3 and 4 are trying to demolish the said house and dispossess the petitioner without issuing any show-cause notice or following the due process of law. 3. The learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the land allegedly claimed by the petitioner in Sy.No.91 was acquired for the purpose of establishing a steel plant, and as per the records, the land vests with the Special Deputy Collector for Land Acquisition of the steel plant. It is further submitted that the entire land in Sy.No.91 is included in the prohibited land register of Pedagantyada Mandal. The Town Planning Officer of the 2nd respondent has submitted written instructions to the learned Standing Counsel, duly informing that there has been no attempt on the part of the 2nd respondent to disturb the possession or enjoyment of the petitioner. 4. Recording the submissions of the learned counsel for the petitioner and the learned Standing Counsel for respondent Nos.2 and 3, there shall be a direction to the respondents not to disturb the peaceful possession and 4 HN, J W.P.No.23124_2025 enjoyment of the petitioner over the property admeasuring 90 square yards in Sy.No.91, 52nd Ward, Zone-V, Visakhapatnam, without following due process of law. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date:30.08.2025 NKA 5 HN, J W.P.No.23124_2025 1 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23124 of 2025 Date: 30.08.2025 NKA