APHC010493312013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39026/2013 Between: Nannapaneni Seetaramaiah Saraswatamma Trust, ...PETITIONER AND Government Of Andhra Pradesh Rep By Its Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V L N SARMA Counsel for the Respondent(S): 1. B D MAHESWARA REDDY 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring action of the respondents in seeking to demolish the Bhajana Mandiram and Kalyana Mandapam of the petitioner in Ward No.12, Block No.1 in T.S.No.13/2, Ithanagar, Tenali Municipality, Guntur District or any portion thereof without following the due process of law as illegal, arbitrary etc., and pass…” 2. The brief facts of the case are that the petitioner’s forefather Nannapanani Buchaiah, allowed an extent of about Ac.20.00 cts., of land in the then Tenali village for public utilities about 100 years ago. Originally, a part of the said extent of land was filled with water and it is also popularly known as Nannapanani Buchaiah Tank, which was also reflected in the Municipal records. Thereafter, the respondent No.2 issued house-site pattas to about 100 families for constructing their houses in the said area. 3. While so, on 29.06.1991, a Trust by name “Nannapaneni Seetaramayya, Saraswatamma Trust” was formed and registered with an object to help the women both financially and socially. Similarly, another trust by name “Srimad Virat Pothuluri Veerabrahmendraswamulavari Bhajana Mandiram and Kalyana Mandapam Construction Trust” was also formed and registered on 01.10.1992 for construction of Srimad Virat Pothuluri Veerabrahmendraswamulavari Bhajana Mandiram and Kalyana Mandapam. Thereafter, the construction of the said Bhajana Mandiram and Kalyana Mandapam was started in the year 1992 and completed by the year 1993. 4. The grievance of the petitioner is that, while the matter stood thus, on 28.12.2013, some of the officials from the office of the 2nd respondent came to the said Kalyana Mandapam and handed over the impugned notice dated 20.11.2013, to the inmates of the schedule property, alleging that the petitioner has encroached Poramboke land to an extent of 1561 Sq.yards and established a Kalyana Mandapam and directed him to remove the alleged constructions within a period of seven (07) days from the date of the receipt of the said impugned notice, failing which the same will be removed by the department as per the provisions under Sections 192, 360 and 361 of the A.P. Municipalities Act, 1965. Challenging the said impugned notice dated 20.11.2013, issued by the respondent No.2; the petitioner filed the present writ petition. 5. When the matter came up for admission on 31.12.2013, this Court was pleased to pass the following order in W.P.M.P.No.48483 of 2013: “The petitioner shall not make any constructions, either internal or external, without specifically obtaining permission from Tenali Municipality. Tenali Municipality also shall not demolish any of the constructions already made.” 6. Heard Ms. M.Kalpana, learned counsel representing Sri V.V.L.N.Sarma, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.1, Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel appearing for the respondent No.2 and perused the material available on record. 7. Today when the matter came up for hearing, learned Standing Counsel appearing for the respondent No.2 on oral instructions has submitted that the respondents would not interfere with the petitioner’s possession over “Srimad Virat Pothuluri Veerabrahmendraswamulavari Bhajana Mandiram and Kalyana Mandapam” without following due process of law. 8. In view of the oral instructions submitted by the learned Standing Counsel, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent No.2- Tenali Municipality, Tenali, not to interfere with the possession of the petitioner over Srimad Virat Pothuluri Veerabrahmendraswamulavari Bhajana Mandiram and Kalyana Mandapam, situated in Ward No.12, Block No.1 in T.S.No.13/2, Ithanagar, Tenali Municipality, Guntur District without following due process of law. 9. 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. ___________________ JUSTICE V.SUJATHA Date: 22.01.2025 SRT 341 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.39026 of 2013 Date: 22.01.2025 SRT