-1- W.P. No.25072 OF 2025 Date of order:16.09.2025 APHC010491622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25072/2025 Between: Reganna Jayamma ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: -2- W.P. No.25072 OF 2025 Date of order:16.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25072 OF 2025 ORDER: 1. The petitioner is aggrieved by the issuance of a notice, dated 18.07.2025, by the 2nd respondent, whereby it is alleged that the petitioner has encroached the land in Survey No.109 of Rajam, Vizianagaram District. Pursuant to the said notice, a provisional order dated 18.08.2025 was issued, calling upon the petitioner to demolish the unauthorized construction in an extent of 31 square meters of land situated in Survey No.109 of Rajam Revenue Village, Rajam Municipality. 2. Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for the 2nd respondent- Corporation. 3. The learned counsel for the petitioner submits that the petitioner has been residing in the said property for the last 30 years. It is further submitted that recognizing the possession of the petitioner, the Tahsildar, Rajam Mandal, had issued a possession certificate on 06.02.2025, wherein it is mentioned that the petitioner has been in possession of Ac.0.01 ½ cents of the land in Sy.No.109 of Rajam. -3- W.P. No.25072 OF 2025 Date of order:16.09.2025 4. The learned counsel also submits that by virtue of G.O.Ms. No.114, dt.20.06.2025, the permission for construction of ground plus first floor need not be obtained for the plot up to the size of 60 square yards. However, it is mandatory for the applicant to submit an application through the online portal, along with a token payment of Rs.1/-. It is further submitted that as per the said G.O., obtaining an occupancy certificate is also not required and hence, the construction of the petitioner falls strictly within these parameters. 5. On the contrary, the learned standing counsel appearing for the 2nd respondent-Corporation, on written instructions, submits that the petitioner has taken up the construction activity without submitting online application as required under G.O. Ms. No. 114. It is further submitted that the 2nd respondent received objections from other residents of the locality, stating that the construction activity of the petitioner is causing obstruction and inconvenience to the neighboring residents. 6. Upon considering the submissions of the learned counsel appearing for both parties, this Court is of the considered opinion that the impugned proceedings are liable to be set aside, subject to compliance of the petitioner submitting an application strictly -4- W.P. No.25072 OF 2025 Date of order:16.09.2025 in terms of G.O. Ms. No. 114, dated 26.06.2025, along with the building plan and token fee of Rs.1/-, through the online portal. 7. It is also made clear that the petitioner is directed to ensure that construction activity do not obstruct the free passage of the residents of the street. 8. With the above observations and directions, the writ petition stands disposed of. No costs. 9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV