IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1001 OF Between: A Jagannadam, S/o. Desaiah, Aged about 49 years, R/o.Door No.2-3 91/A, Buggakandriga Village, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipality Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Chittoor District. 3. The Commissioner, Nagari Municipality, Chittoor District 4. The Nagari Municipality, Represented by its Commissioner, Chittoor District. Nagari ...Respondents praying that in may more questioning the action of the Respondent Municipality in trying to demolish and dispossess the Petitioner from his house bearing Door No.2-3-91/A, Plot ad-measuring 72 Sq.Mts., situated in LP No.202, Sy.No.261/1A2/D, Buggakandriga Village, Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or direction, particularly, one in the nature of Writ of Mandamus SRN Agraharam, Nagari Mandal, Chittoor District without passing any order by considering the explanation dated 17/12/2025, as directed by this Hon’ble Court in WP.No.27047 of 2025as being illegal, arbitrary, biased, wholly without jurisdiction and violative of Articles 14, 19, 21 and 300A of the Constitution of India and violative of Articles 14,19,21 and 300A of the Constitution of India and violative of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh (Andhra Area) Estate Abolition Act, 1948and consequently direct the Respondent Municipality not to interfere with the peaceful possession and enjoyment of the Petitioners house bearing Door NO.2-3-91/A, Plot ad-measuring 72 Sq.Mts., situated in LP No.202, Sy.No.261/1A2/D, Buggakandriga Village, SRN Agraharam, Nagari Mandal, Chittoor District. lA 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 and dispossess the Petitioner from his House bearing Door No.2-3-91/A, Plot ad measuring 72 Meters, situated in LP No.202, Sy.No.261/1A2/D, Buggakandriga Village, SRN Agraharam, Nagari Mandal, Chittoor District. Counsel for the Petitioner: SRI. M R K CHAKRAVARTHY Counsel for the Respondent Nos. 1 &2: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 3 &4: SMT. V SIREESHA RANI SC FOR MUNICIPALITIES The Court made the following order: APHC010018382025 iN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) FRIDAY .THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice WRIT PETITION NO; mni/onoc B:*‘0 PRADESH 0 [3458] KIRANMAYEE MANDAVA Between; A Jagannadam ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M R K CHAKRAVARTHY Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP The Court made the following: ORDER:- ...RESPONDENT(S) Heard Sri M.R.K.Chakravarthy, learned and Smt. VSireesha Vani, appearing for the and 4^^ respondents. 2. Challenging the action of the counsel for the petitioner for Municipality learned Standing Counsel respondents in trying to demolish the house property in Door No.2-3-91/a, No.202, Sy.No.261/1A2/D, Mandal, Chittoor District, without measuring 72 Sq.Mts, situated in LP Nagari passing any order on the explanation of the petitioner dated 17.12.2024, filed, in terms of the order of this Court W.P.No.27047of2024, the Buggakandriga Village, SRN Agraharam, in present writ petition is filed. 2 It is contended that the 3'''^ respondent has issued notice of 3. encroachment and provisional notices alleging unauthorized construction of building by the petitioner, and under the guise of the said notices the respondents are trying to demolish the subject property. In reply to the said contention, the learned Standing Counsel for 4. the 3'"'^ and respondents, on instructions would submit that pursuant to the directions of this Court dated 16.11.2024, the respondents have issued notice to the petitioner on 03.12.2024 requiring the petitioner to submit his Pursuant to the same, the explanation along with relevant documents, petitioner had submitted relevant documents along with his explanation on 17.12.2024 and requested for personal hearing. However, the respondents-Municipality has so far not issued any notice of personal hearing and has not taken any steps to remove the encroachment at the said location It is further stated in the said instructions that the till date as averred. petitioner has got two properties one in Sy.No.259 and another in Sy.No.261 the impugned notices are issued in respect of the property in Sy.No.259 which has no approved building plan, and property tax assessment. The said instructions of the Commissioner are placed on record. The learned counsel appearing for the petitioner denies the contentions advanced by the Municipality. Having regard to the contentions advanced, the writ petition is disposed of directing the respondents not to carry out any demolitions over the subject property till passing of final orders, on the explanation dated 5. 17.12.2024 submitted by the petitioner pursuant to the order in W.RNo. 27047 of 2024. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. P-U.v.bhaskar rao ASSISTANT registrar J //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government, Municipality Department of Andhra Pradesh. Secretariat, Velagapudi. Amaravathi District. 2. The District Collector, Chittoor District. 3. The Commissioner, Nagari Municipality, Chittoor District 4. One CC to Sri. M R K Chakravarthy Advocate [OPUC] 5. One CC to Smt. Sireesha Rani Vallabhaneni SC for [OPUC] 6. Two CCs to GP Municipal Admin And Urban Andhra Pradesh. [OUT] 7. Three CD Copies GSC , State Guntur Municipalities Dev .High Court Of HIGH COURT DATED:10/01/2025 ORDER WP.No.1001 of 2025 [g 2 9 JAN 2C2j ^ Current Section 03 DISPOSING OF THE WP WITHOUT COSTS