APHC010464022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24392/2025 Between: 1. SHAIK GARINPENTA MASTANBI, W/O SHAIK GARINPENTA MAHABOOB BASHA AGED ABOUT 47 YEARS, RESIDING AT D.NO. 8-183, NAVAMITTA, PODILI, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. 3. PODILI MUNICIPALITY, REPT BY IT COMMISSIONER, PODILI, PRAKASAM 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 a writ, order or direction more particularly one in the nature of writ ofmandamus declaring the action of the respondent No. 3 in attempting to construct a Sulabh (public toilet) complex on the Petitioners private property situated in Survey No. 246/14, D.No. 5-179-1, Ongole to Kurnool Road, Podili Mandal, Prakasam District, without initiating any land acquisition process as illegal arbitrary, unconstitutional and consequently direct the Respondents not to interfere with the Petitioners peaceful possession and enjoyment of the Petitioners private property situated in Survey No. 246/14, D.No. 5-179-1, Ongole to Kurnool Road, Podili Mandal, Prakasam District, and not to proceed with any construction on the said land without following due process of law and to 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 direct the Respondent no. 3 to not to proceed with any construction or encroachment upon the Petitioners property situated in Survey No. 246/14, D.No. 5-179-1, Ongoie to Kurnool lead, Podili Mandal, Prakasam District, pending disposal of theabove writ petition and to pass Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24392 of 2025 ORDER: 1. Heard learned counsel for the petitioner and learned Assistant Government Pleader and learned Standing Counsel appearing for respondents. 2. Petitioner is aggrieved by the action of the 3rd respondent in attempting to construct a public toilet in the petitioner’s property. Questioning the same, this writ petition is filed. 3. Learned Standing Counsel for 3rd respondent submits that the subject property where the public toilets are being constructed does not fall within the area of land forming part and parcel of registered document No.2197 of 2009 and 1161 of 2014 and that the subject property where public toilets are being constructed is about half a kilometer from the area mentioned in document No.2197 of 2009 and 1161 of 2014. It is submitted that the Mandal Surveyor has conducted the survey and arrived at this decision. 4. Learned counsel for the petitioner, on the contrary, submits that no such survey was conducted in the presence of the petitioner and that ends of Justice would not be served thereby. 5. On considering these submissions, this writ petition is disposed of directing the respondent Nos.2 and 3 to direct the concerned surveyor to conduct a fresh survey duly informing the date and time of the survey to the petitioner and issue a copy of the survey report to the petitioner. Pending survey, as directed by this Court, there shall not be any further construction on the said property. 6. With the above directions, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date15.09.2025 Dvs HONOURABLE SRI JUSTICE HARINATH.N 29 WRIT PETITION NO: 24392 of 2025 Date: 15.09.2025 Dvs