APHC010504802015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 771/2015 Between: K.saibaba, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. LAKKADI DAYAKER REDDY Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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, order or orders more particularly one in the nature of writ of Mandamus by declaring the action of the respondents in trying to demolish the petitioners residential houses bearing H.No's. 20-18-471, 20-18-490, 20-18-470, 20-18472, 20-18-497/1, 20-18-402, 20-18-494 respectively at D.S.Nagar in R.Agraharam locality of Guntur town as illegal, arbitrary, unjust and violative of principles of natural justice and Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to take any coercive steps to demolish the residential houses of the petitioners…” 2. The petitioners herein are residents of Damodara Sanjivaiah Nagar (D.S.Nagar) colony of R. Agraharam, Guntur town. In the year 1975, as per the directions of the then Government, the revenue authorities have assigned house sites in Survey T.S.Nos.655, 656 and 658 of Guntur town, of various extents to the petitioners and their forefathers. The petitioner Nos.1 and 6 are the original assignees of the land and the rest of the petitioners are legal heirs to the original assignees. After assignment of lands, the original assignees have constructed pacca houses and for the last 60 years, the petitioners and their forefathers have been living in the said houses which were also assessed by the 2nd respondent corporation for payment of property tax. 3. While the matter stood thus, the officials of the 2nd respondent corporation visited the petitioners’ premises on 13.01.2015 and directed the petitioners to vacate the houses in order to enable the respondent corporation to initiate steps for extending the width of the Pikalavagu which flows near to the petitioners’ premises. Again on 20.01.2015, the officials of the 2nd respondent corporation along with men and machinery have tried to demolish the petitioner’s properties. Aggrieved by the said action, the petitioners have filed the present writ petition. 4. When the writ petition came up for hearing on 22.01.2015, this Court has directed both the parties to maintain status quo existing as on that day. 5. The 2nd respondent has filed a detailed counter affidavit along with vacate stay petition stating that the petitioners herein have encroached the peekala vaagu bund and Government land situated in T.S.No.655/1, 655/2, 658/1, 658/2, 654/1, 654/2, Block No.10 and 11, ward No.16 of R. Agraharam, Guntur. It is further stated that peekala vaagu is the only channel for the storm water drain and that due to the encroachment made by the petitioners, the width of the said peekala vagu became narrow making it difficult for free flow of the drain. It is further stated that the respondent corporation has every obligation to protect the drains and its bunds in view of the public health at large. Hence requested to dismiss the writ petition. 6. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Mr. A.S.C. Bose, learned Standing Counsel for the 2nd respondent. 7. During the course of arguments, learned counsel for the petitioners, though has raised several contentions has argued that the respondent authorities, without issuing any notice and without following due process of law, are trying to evict the petitioners from the subject property, which amounts to violation of principles of natural justice. 8. In view of the above facts and circumstances of the case, as the petitioners are in possession and enjoyment of the subject property by way of assignment made by the Government in their favour, they cannot be dispossessed, without following due process of law in view of the law declared by the Apex Court in Rame Gowda (dead) by L.R.s. v. M. Varadappa Naidu (Dead) by L.Rs1. 9. In view of the same, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the possession of the petitioners over the residential houses bearing H.Nos.20- 18-471, 20-18-490, 20-18-470, 20-18-472, 20-18-497/1, 20-18-402, 20-18-494 at D.S.Nagar in R.Agraharam of Guntur town, without following due process of law. 10. Accordingly, with the above direction, this writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE V.SUJATHA Date:13.02.2025 Gss 1 2004 (1) SCC 769