APHC010487352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24811/2025 Between: 1. MADDU KRISHNAMRAJU, S/O VENKATESWARLU AGED ABOUT 39 YEARS, OCC BUSINESS R/O 4-134, MORJAMPADU, MACHAVARAM GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PRIME HILLCREST, VADDESWARAM 3. THE PIDIGARALLA MUNICIPALITY, REP. BY ITS MUNICIPAL COMMISSIONER PIDAGARALLA, PALNADU DISTRICT. 4. THE TOWN PLANNING OFFICER, PIDIGARALLA MUNICIPALITY PIDAGARALLA, PALNADU 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 nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in taking steps to demolish the petitioner's hotel structure i.e., S.V.T. Babai Hotel D.No. 12-189, Revenue Ward No.12, Janapadu Road, Vamsi Pharmacy, Piduguralla Mandal, Palnadu District without issuing any prior notice, without following due process of law as illegal, arbitrary and violation of principals of natural justice and consequently direct the respondents No. 3 and 4 not to interfere with the petitioner' hotel structure i.e., S.V.T Babai Hotel and to pass s 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 and 4 not to demolish the petitioner structure i.e., S.V.T. Babai Hotel, D.No. 12-189, Revenue Ward No. 12, Janapadu Road, Vamsi Pharmacy, Piduguralla Mandal, Palnadu District pending disposal Of the above writ petition and to pass Counsel for the Petitioner: 1. RAMALAKSHMANA REDDY SANEPALLI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24811 OF 2025 ORDER: 1. The petitioner is aggrieved by the action of respondent authorities in trying to demolish the petitioner’s property bearing D.No.12-189, Revenue ward No.12, Janapadu Road, Vamsi Pharmacy, Piduguralla Mandal, Palnadu District. It is submitted that the petitioner is running a Hotel in the name of S.V.T.Babai Hotel, in the said premises and that the respondent authorities have approached the petitioner’s business premises and demolished the portion of the property on 07.07.2025. 2. Thereafter, the petitioner renovated the premises and is running a hotel. It is submitted that the respondent authorities have now deployed a JCB and apparently for demolishing the premises of the petitioner without issuing any notice. Aggrieved by such unilateral action, the present writ petition is filed. 3. Learned standing counsel appearing for respondents 3 and 4 on written instructions submits that the respondents have identified 24 square yards of encroachment by the petitioner on the road margin by way of a sheet roof shed and that the said encroachment is coming in the way for laying drinking water pipe line to be laid from Govindapuram to Piduguralla and that proposal for laying water pipe line of 300mm dia was also approved and budget was also sanctioned. It is also stated in the written instructions that encroachment in the said road were removed except the petitioner encroachment. 4. Considering the submissions of the learned counsel for petitioner and the learned standing counsel for respondents 3 and 4, the sheet roof shed, constructed within the boundary of the property of the petitioner cannot cause any obstruction for laying of pipe line. Any encroachment on the ground beyond the extent of land owned by the petitioner the respondent authorities would have to issue a notice. The respondents have also not conducted any survey. Only after demarcating the encroachment by the petitioner the respondents can take up the necessary action for reclaiming the road portion if any encroached. 5. On these considerations, there shall be direction to the respondent authorities without demarcating the extent of the alleged encroachment not to demolish the petitioner’s structure and it is also left open for the respondent authorities to proceed with the laying of the pipe line as proposed below he ground. 6. Accordingly, the writ petition is disposed off. There shall be no order as to costs. 7. Miscellaneous petitions, if any, pending in the writ petition shall stand closed. ____________________ JUSTICE HARINATH.N Dt.12.09.2025 KGM THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24811 OF 2025 Dated 12.09.2025 KGM