APHC010515002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26479/2025 Between: 1. G. SRINIVASA RAO, , S/O. G. RANGA RAO, AGED ABOUT 49 YEARS, OCC- AGRICULTURE, R/O.D.NO.20/89, DANIYALAPETA, NEW COLONY GUDIWADA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, ANDHRA PRADESH. 2. THE GUDIWADA MUNICIPALITY, REP. BY ITS'COMMISSIONER, GUDIWADA, KRISHNA DISTRICT. 3. THE TOWN PLANNING OFFICER, GUDIWADA MUNICIPALITY, 29TH WARD, GUDIWADA, KRISHNA DISTRICT. 4. THE TAHSILDAR, GUDIWADA MANDAL, KRISHNA 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 to pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, direction or order questioning the notice under Section 192 and 364 of Andhra Pradesh Municipalities Act, 1965 issued by the 2nd respondent vide proceedings Roc.No. 1585/2025/G1 dated 15.09.2025 directing the petitioner to remove the building situated at 29th Ward, Daniyalapeta, Gudiwada City, Krishna District WP.No.26479 of 2025 without issuing any notice or without calling any explanation or without following the procedure as per the Act is illegal, arbitrary and violative of principles of natural justice and also Article 14, 21 and 300-A of the Constitution of India and consequently set-aside the proceedings Roc.No.1585/2025/G1 dated 15.09.2025 issued by the 2nd respondent and pass 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 to direct the respondents not to demolish the petitioner’s house situated at 29th Ward, Daniyalapeta, Gudiwada City, Krishna District by suspending the proceedings of the 2nd respondent vide Roc.No.1585/2025/G1 dated 15.09.2025, pending disposal of the above Writ Petition, and pass Counsel for the Petitioner: 1. M K RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: WP.No.26479 of 2025 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.26479 OF 2025 ORDER : 1. Heard the learned counsel for the petitioner and the learned standing counsel for the 2nd respondent. 2. The learned counsel for the petitioner submitted that a patta for 48 Square yards of land was issued by the Tahsildar, Gudivada on 05.03.2007 in Survey No.70 of Bethavolu Village, Plot No.861 to the petitioner’s wife. The petitioner has constructed a house and has been staying there. It is submitted that the 2nd respondent has issued the impugned proceedings on 15.09.2025 alleging that the petitioner has encroached on the road margin and that there is a proposal to widen the road to 40 feet from the existing 10.5 feet. It is stated in the said notice that the petitioner is required to demolish the alleged encroachment within a period of seven days. 3. The learned counsel for the petitioner submits that the petitioner is not an encroacher and was allotted the patta, the petitioner and his wife cannot be considered as encroachers as the petitioner’ wife was allotted the land admeasuring 48 square yards over which they constructed a house and living there. WP.No.26479 of 2025 When the said property was allotted there was a lane admeasuring 10 feet which is now being proposed to be widened to 40 feet. 4. It is submitted that the said notice has unilaterally concluded that the petitioner had encroached the road which is neither factually correct nor in accordance with the patta certificate granted to the petitioner’s wife. 5. Learned standing counsel for the 2nd respondent on written instructions submits that the respondent authorities have proposed for widening the road and also sanctioned the requisite amount for laying CC road and a drain in ward No.30. It is also stated in the written instructions that the Town Surveyor has verified the area and that the two encroachments were found in Dhaniyalapeta, Gudivada City main road which are to be required to be cleared for laying the road. 6. It is submitted that the notice was issued to the petitioner and another person. Learned standing counsel further submits that the petitioner ought to have approached the 2nd respondent authority and submitted the title documents to negate the contention of the respondents with regard to the alleged encroachment. WP.No.26479 of 2025 7. The learned counsel for the petitioner in reply submits that the petitioner property in ward No.29, whereas, it is now presumed that the property is in ward No.30 even as per the written instructions submitted by the learned standing counsel. 8. Considering the submissions, the writ petition is disposed off at the admission stage directing the respondent authorities not to dispossess the petitioner without following the due process of law. The petitioner shall also submit a reply along with the patta certificate granted to her, on such submission the respondent authorities would have to essentially follow the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act.30 of 2013) in the event of the land of the petitioner is required for acquisition for public purposes. 9. Accordingly, the writ petition is disposed off at the admission stage. There shall be no order as to costs. 10. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dated 23.09.2025 KGM WP.No.26479 of 2025 104 THE HON’BLE SRI JUSTICE HARINATH. N WRIT PETITION No.26479 OF 2025 Dated 23.09.2025 KGM