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2025 DAILYLAW 31630 (AP)

ALLA HARINI v. THE STATE OF ANDHRA PRADESH

WP/24000/2025 · 2025-09-09

Harinath N

body2025

Judgment text

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-1- W.P. No.24000 of 2025 Date of order:10.09.2025 APHC010462292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24000/2025 Between: Alla Harini ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. R SIVA SAI SWARUP Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. THE LEARNED STANDING COUNSEL FOR CORPORATION The Court made the following: -2- W.P. No.24000 of 2025 Date of order:10.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24000 OF 2025 ORDER: 1. The petitioner is alleging that the respondent authorities have demolished a portion of the petitioner’s property on 25.08.2025 without issuing any prior notice. It is submitted that before taking any coercive action against property exclusively owned and possessed by the petitioner, the respondents were legally bound to issue at least a show cause notice or, in the minimum, a caution notice. 2. The learned counsel for the petitioner submits that the father of the petitioner had originally purchased the land admeasuring 349.50 square meters (417 square yards) and that the petitioner is presently in possession of 135 square yards after having sold the remaining extent of land. 3. The learned standing counsel appearing for the 2nd respondent submits that the petitioner had encroached upon Government land towards the southern side (Gadda) and that the drain was occupied by the petitioner and as such, the portion of the unauthorized occupation was removed by the respondents. 4. This Court, having considered the submissions of the learned standing counsel, deems it appropriate to direct the petitioner to approach the respondent authorities and furnish a copy of his title documents. Upon -3- W.P. No.24000 of 2025 Date of order:10.09.2025 such submission, the respondent authorities shall duly verify the ownership and if necessary, conduct a proper survey. If the petitioner’s property is indeed required for any public purpose, the respondents shall strictly adhere to the due process of law while undertaking any acquisition or removal of structures. 5. With the above, the writ petition is disposed of at the stage of admission. No costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV