IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 876 OF 2025 Between: Kinthali @ Penugurthi Appamma, w/o Seetharamulu aged about 65 years, Occ: Senior citizen, D.no.11-2-228 New colony, Kasibugga Palasa mandal Srikakulam district. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal administration Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam Srikakulam district. 3. Palasa-Kasibugga Municipality, Rep by its Commissioner Palasa- Kasibugga Town Srikakulam district 4. The Town planning officer, Palasa-Kasibugga Municipality, Palasa- Kasibugga Town Srikakulam district 5. The Tahsildar, Palasa Mandal Palasa-Kasibugga Town Srikakulam district ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the Action of the Respondents No.3 to 5 trying to Demolish the petitioner House at D.no.11-2- 228 New colony, Kasibugga Palasa mandal Srikakulam district in pursuance r TUC NO.1084/WPRS11/G1/2025/WARD 13 dated of impugned Notice 06.01.2025 issued by the 3rd Respondent, without considering the petitioner explanation dt. 06.01.2025 is highly illegal, arbitrary and violation of Art. 14, and 300 (A) of Constitution of India and violation sec.452(1) and 461 (2) 428,429 of APMC Act, 1955 and under sec 89(3) of APMR and 21 R/w sec UDA Act consequently set 1084/WPRS11/G1/2025A/VARD 13 dated 06.01.2025 issued by the 3rd 2016 and also violation of Principles of Natural Justice and aside the impugned demolition Notice TUC No. Respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned demolition Notice TUC No. 1084/WPRS11/G1/2025AA/ARD 13 dated 06.01.2025 issued by the 3rd Respondent. Counsel for the Petitioner: SRI M. SAPTHAGIRI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 3 & 4: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 2 & 5: GP FOR REVENUE The Court made the following: ORDER :T* 1 ^ APHC010014892025 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: 876/2025 Between: Kinthali @ Penugurthi Appamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.M. SAPTHAGIRI Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ order or direction more particulariy one in the nature of Writ of Mandamus to declare the action of the Respondent Nos. 3 to 5 trying to demolish the petitioner House at D.No.11-2-228 New colony, Kasibugga, Palasa Mandal, Srikakulam district in impugned NO.1084/WPRS11/G1/2025AWARD 13 dated 06.01.2025 issued by the 3^'^ Respondent, without considering the petitioner’s explanation dated 06.01.2025 is highly illegal, arbitrary and violation of Art. 14, 21 and 300(A) of Constitution of India and violation Section 452(1) & 461(2) r/w Section 428, 429 of APMC Act, 1955 and under Section 89(3) of APMR and UDA Act 2016 and also violation of Principles of Natural Justice and consequently set aside the impugned demolition Notice TUC No.1084/WPRS11/G1/2025AA/ARD 13 dated 06.01.2025 issued by the 3’’^ Respondent ” of Notice TUC pursuance The case of the petitioner is that the respondent herein has issued a house site patta in favour of the petitioner in the year 2002, vide Patta 2. No.R.No.3/2002, under the Landless Poor Persons quota in T.S.No.207 for an extent of 51.42 sq.yards situated at Door No.11-2-228, New Colony Kasibugga, Palasa Mandal, Srikakulam District. Since then, the petitioner has been residing in the said property by constructing a pucca house. While the matter being so, the 3'”'^ respondent issued an impugned notice under Sections 189, 190, 191, 192 and 194 of APM Act, 1965, dated 06.01.2025 for which the petitioner has submitted an explanation. But, however, in spite of considering the explanation submitted by the petitioner, the respondents were initiating steps to demolish the petitioner’s house in Door No.1 T-2-228, in pursuance of 3 the impugned notice dated 06.01.2025. Therefore, the petitioner filed the present writ petition. 3. Heard learned counsel for the petitioner and the learned Standing Counsel for respondents. The learned Standing Counsel representing respondent Nos.3 and 4 informed this Court that as the petitioner has encroached the Government land, the 3’’^ respondent has issued the impugned notice dated 06.01.2025. However, on perusal of the impugned notice, it can be observed that though it is titled as a notice, it is, in fact, a final order directing the petitioner to remove the encroached portion within a period of seven days from the date of receipt of the said notice, failing which, the encroached portion would be removed departmentally. However, the said order was passed without providing any opportunity of hearing to the petitioner. Since no show-cause notice was given to the petitioner before the impugned notice dated 06.01.2025, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit his explanation to the notice dated 06.01.2025, treating it as a show-cause notice, within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the respondents shall proceed in accordance with law. Till such time, the respondents are directed not to interfere with the petitioner’s possession at Door No.11-2-228, New Colony, Kasibugga, Palasa Mandal, Srikakulam District. 4. 5. 6. 4 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. '^AGAMMA ASS/STANT registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal administration Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Srikakulam Srikakulam district, district Municipality, Palasa-Kasibugga Department, A.P officer, Palasa-Kasibugga Municipality Kasibugga Town Srikakulam district "upaiiiy Palasa- Palasa-Kasibugga Town Srikakulam 6. One CC to Sri M Sapthagiri Advocate [OPUC] Muncipal Admn and Urban Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh Dev, High Court of [OUT] AdvoSfeloPUCJ^''^®®^^^ '^^"^'^l^^neni (SC for Municipalities) 10. Three CD Copies TF CKi i HIGH COURT DATED:09/01/2025 ORDER WP.No.876 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS