IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY/^ TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 6255 OF 2015 Between: Rapuru Kondaiah @ Konda Reddy, S/o. Chinna Kondaiah, aged about 62 years C/o. Ashok, No. 13-561, Ward No. 26/1 Seshaiah Towers, 1®* floor, Bhaktavatsala Nagar, Ashok Nagar Post, Nellore City-4. ...PETITIONER AND 1. The State of A.P., rep. by its Principal Secretary, Municipal Administration Department Secretariat, A.P., Hyderabad. 2. The Nellore Municipal Corporation, Rep. by its Commissioner, SPSR Nellore District. ...RESPONDENTS 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 issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the subordinates of the respondent 2 herein in threatening to demolish the structures in premises bearing D.No. 21, D.No. 26-13-469 in Sy.Nos. 440 and 441 situated at Kondayapalem, within Nellore Municipal Corporation, Nellore, without passing any orders on the explanation dt. 5-2-2015 submitted to the notice issued by the 2"^^ respondent dt. 24-1-2015 bearing U.C.No. 4/2015/B.O. as being illegal, arbitrary and unjust and consequently direct the 2"^ respondent herein not to take any coercive steps pursuant to the Notice dt. 24-1-2015 without following the procedure contemplated under the Law. % I.A. NO: 1 OF 2015fWPMP. NO: 8324 OF 20151 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass orders direct the 2"^^ respondent not to demolish the structures in premises bearing D.No. 21, D.No. 26-13-469 in Sy.Nos. 440 and 441 situated at Kondayapalem, within Nellore Municipal Corporation, Nellore, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI G. VENKATESWARLU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI A. S. C. BOSE SC FOR MUNICIPALITY The Court made the following: ORDER APHC010599802015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6255/2015 Between: Rapuru Kondaiah @ Konda Reddy ...PETITIONER AND The State Of A P Rep By Its Principal Secretary and Others ...RESPONDENT{S) Counsel for the Petitioner: 1.G VENKATESWARLU 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: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue a writ, order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the subordinates of the respondent No. 2 herein in threatening to demolish the structures in premises bearing D.No.21, D.No.26-13-469 in Sy.Nos.440 and 441 situated at Kondayapalem, within Nellore Municipal Corporation, Nellore, without passing any orders on the explanation dt. 05.02.2015 submitted to the notice issued by the 2"^^ respondent dt. 24.01.2015 bearing U.C.No.4/2015/B.O., as being illegal, arbitrary, and unjust and consequently direct the 2"^^ respondent herein not to take any coercive steps pursuant to the Notice dt. 24.01.2015 without following the procedure contemplated under the Law, and to grant and pass....” The case of the petitioner is that the petitioner is the absolute owner in premises bearing D.No.21, D.No.26-13-469 in Survey Numbers 440 and 441, located at Kondayapalem, Nellore City. This land was originally assigned to his mother through official proceedings on 12.01.1985, and a house site patta was issued. Later, the petitioner’s mother gifted the land to him via a registered Gift Settlement Deed on 01.09.2013. While the petitioner carrying out repairs on the property, the respondent No.2-Nellore Municipal Corporation issued a notice dated 24.01.2015, under U.C.No.4/2015/B.O., instructing the petitioner to halt further construction and provide explanation within seven days. The petitioner submitted explanation 05.02.2015. Without considering the explanation submitted by the petitioner, 2. was an on 3 the respondent No.2, visited the property on 06.03.2015, threatened to demolish the structures unless they were removed within a couple of days. Hence, the petitioner filed above Writ Petition is filed. 3. When the matter came up for admission on 12.03.2015, this Court passed the following interim order: “....Sri A.Panduranga Rao takes notice and seeks time for getting instructions. Post after two weeks in ‘MU. Till then, status-quo obtaining as on today shall be maintained. However, the petitioner shall not make any constructions. ” 4. Heard learned counsel for the petitioner and Sri A.S.C.Bose, learned Standing counsel appearing for respondent No.2. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2, on oral instructions, has informed this Court that in pursuance of the interim order dated 12.03.2015 granted by this Court, the respondents have not interfered with the petitioner’s property in bearing in Survey Numbers 440 and 441, located at Kondayapalem, Nellore City and further stated that if at all, they intend to interfere with the possession of the petitioner, they will follow due process of law. 5. D.No.21, D.No.26-13-469 4 6. Recording the same, the Writ Petition is disposed of directing the respondents not to interfere with the possession of the petitioner over the scheduled property without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. Sd/- K.KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of A.P., Secretariat, A.P., Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Nellore Municipal Corporation, SPSR Nellore District. 3. One CC to Sri G. Venkateswarlu, Advocate [OPUC] 4. Two CCs to GP for Muncipal Admn And Urban Development, High Court of Andhra Pradesh. [OUT] 5. One CC to Sri A. S. C. Bose, SC for Municipality [OPUC] 6. Three C.D. Copies. Cnr f V* HIGH COURT DATED:28/02/2025 g 27MAI«2I)?5 ^ Curreni Section . ORDER WP.No.6255 of 2015 DISPOSING OF THE W.P. WITHOUT COSTS