APHC010614702023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31687 OF 2023 Between: 1. Ghanta Rama Tutasi, W/o.Siva Rama Prasad, aged about 70 years R/o.D.No.64-8-16, Raghava Nagar, Vijayawada, NTR District. 2. A.B.Nageswara Rao, S/o.Akina Lakshmi Narayana, aged about 51 R/o.D.No.4-156, Narayanapuram, Ungaturu Mandal, Pantakalava Raod, Patamata, years Godavari District. West ...Petitioners AND 1. The State Of Andhra Pradesh, Through the Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Eluru Municipal Corporation, Rep. by It's Commissioner, Eluru, West Godavari 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 declaring the action of the Respondents in interfering with the possession and enjoyment of the property of an extent f of 3,399-67 Sq. Yards bearing D.No.7C-10-15/l and T.S. No.1782/1 Pt, 2 Pt. 3Pt. and 1789 of Ward No.9, Eastern Street, Chataparru Road, Eluru, West Godavari District by placing a flaxy banner in the name of the Commissioner Respondent stating The land belongs to Eluru Municipal nd of the 2 Corporation. Encroachers will be prosecuted as arbitrary, illegal and violative of right to property guaranteed under Article.300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners property in any manner. lA NO: 1 OF 2023 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 interfere with the possession and enjoyment of the Petitioners property i.e. an extent of 3,399-67 Sq. Yards bearing D.No.7C- 10-15/1 and T.S. No’s: 1782/1 Pt, 2 Pt. 3Pt. 1789 of Ward No.9, Eastern Street, Chataparru Road, Eluru, West Godavari District, pending disposal of the above writ petition. Counsel for the Petitioners: SAl GANGADHAR CHAMARTY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2:SRI M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following order: APHC010614702023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 31687/2023 Between: 1.GHANTA RAMA TULASI, W/O.SIVA RAMA PRASAD, AGED ABOUT 70 YEARS, R/O.D.NO.64-8-16, RAGHAVA NAGAR, PANTAKALAVA RAOD, PATAMATA, VIJAYAWADA. NTR DISTRICT. 2.A.B.NAGESWARA RAO,, S/0. AKINA LAKSHMI NARAYANA, AGED R/O.D.NO.4-156, NARAYANAPURAM, ABOUT 51 YEARS. UNGATURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP. THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ELURU MUNICIPAL CORPORATION, REP. BY IT'S COMMISSIONER, ELURU, WEST GODAVARI 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 issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in interfering with the possession and enjoyment of the property of an extent of 3,399-67 Sq. Yards bearing D.No.7C-10-15/l and T.S. No.1782/1 Pt, 2 Pt. 3Pt. and 1789 of Ward No.9, Eastern Street, Chataparru Road, Eluru, West V Godavari District by placing a flaxy banner in the name of the Commissioner of the 2nd Corporation. Encroachers will be prosecuted as arbitrary, illegal and violative of right to property guaranteed under Article.300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners property in any manner and to pass lA NO: 1 OF 2023 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 interfere with the possession and enjoyment of the Petitioners property i.e. an extent of 3,399-67 Sq. Yards bearing D.No.7C- 10-15/I and T.S. No’s: 1782/1 Pt, 2 Pt. 3Pt. 1789 of Ward No.9, Eastern Street, Chataparru Road, Eluru, West Godavari District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1.SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) Respondent stating The land belongs to Eluru Municipal The Court made the following Order: The above writ petition has been filed by the petitioner aggrieved by the unilateral action of respondent No.2 in erecting a flexi in the name of Commissioner, stating that ‘the land belongs to Eluru Municipal Corporation, encroachers will be prosecuted’. 2. Heard learned counsel appearing on either side. It is submitted that the petitioner is in possession and enjoyment of land admeasuring 3,399-67 square yards bearing D.No.7C-10-15/1 and T.S.No.1782/1 pt, 2 pt, 3 pt. Ward No.9, Eastern Street, Chataparru Road, Eluru. The petitioner has purchased the said property under a registered sale deed and has been in continuous possession and enjoyment of the same. It is : submitted that respondent No.2 has started interfering with the possession of the petitioner’s property. Aggrieved by the same, the present writ petition has been filed. 3. 4. A counter affidavit was filed on behalf of respondent No.2. It contended inter-alia, that the land which the petitioner is claiming, was earlier recorded as ‘Sheshaiah Naidu Tank’, as per the Municipal records and that the land was leased out by conducting open auction. It is also submitted that there is a dispute over the property between the Municipal Corporation and the legal heirs of Seshaiah Naidu. The dispute subsists till the year 2015. It is also submitted in the counter affidavit that there is need to probe into the matter, as to how the tank was converted into private land in the year 2015. was -7, :. u y Apart from that, it is stated in the counter affidavit that respondent No.2 intended to erect a caution board over the land in Sy. No. 1782/4 and not the land in Sy.No. 1782/1, and that any further action concerning the petitioner s property shall be taken only in accordance with due process of over law. 5. In view of the above, the Writ Petition is disposed of, directing the respondent No.2 not to interfere with the petitioner’s possession of the property, without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K TATA RAO DEPU^^GiSTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Godavari District. 3. One CC to Sri. Sai Gangadhar Chamarty, Advocate [OPUC] 4. Two CCs to GP For Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 5. One CC to Sri. M Manohar Reddy (SC FOR MUNC AND MUNC CORP ) Advocate [OPUC] 6. Two CD Copies. Eluru Municipal Corporation, Eluru, West AL HIGH COURT DATED:21/08/2025 ORDER WP NO. 31687 OF 2023 t/T> -j ^ 12 SEP 2025 Co ' ^is£ur«nt Sectiojp^y' disposing of the w.p. without costs