IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35163 OF 2012 Between: P.Hari Krishna, S/o.Malakondaiah, Samaikyathanagar, Ongole City, Prakasam District. Occ; Coolie, R/o. ...Petitioner AND 1. Ongole Municipal Corporation, Rep. by its Commissioner, Ongole City, Prakasam District. 2. Songa Ravindra Babu, S/o. Late Jaya Rao, Working as Commissioner, Ongole Municipal Corporation, Ongole City, Prakasam 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 be pleased to issue nature of WRIT OF MANDAMUS may a writ, order or direction more particularly one in the a) declaring action of the respondents in contemplating to demolish petitioner's house property and insisting to vacate from house and site bearing Door No. 37-3-53(2) situated in site admeasuring Ac.0.03 >4 cents T.S.No.14/1, bearing plot No.45 in situated in Samaikyathanagar, Ongole City, as illegal, irregular, irrational, without jurisdiction, violative of provisions of The Hyderabad Municipal Corporation Act, 1955 and offends Articles J4 constitution of India; 21 and 300-A of b) directing the respondents not to demolish nor evict from the petitioner's house and site property admeasuring Ac.0.03 >2 cents in T.S.No.14/1, bearing plot No.45 situated in Samaikyathanagar, Ongole City; c) directing the respondents to prevent stagnation of filth and sewage surrounding petitioner's house bearing Door No. 37-3-53(2) situated in site admeasuring Ac.0.03 72 cents in T.S.No.14/1, bearing plot No.45 situated in Samaikyathanagar, Ongole City, by constructing regular drains for out flow of surrounding drain water without allowing any stagnation ; d) directing respondents to prevent dumping of garbage surrounding petitioner's bearing Door No. 37-3-53(2) situated in site admeasuring Ac.0.03 72 cents in T.S.No.14/1, bearing plot No.45 situated in Samaikyathanagar, Ongole City; I.A. NO: 2 OF 2012(WPMP. NO: 44671 OF 2012) 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 any portion of petitioner's house property bearing Door No. 37-3-53(2) nor evict from house and site admeasuring Ac.0.03 72 cents in T.S. No.14/1, bearing plot No.45 situated in Samaikyathanagar, Ongole City, Prakasam District, Pending disposal of the main Writ Petition. I.A, NO: 1 OF 2012(WVMP. I.A, NO: 1 OF 2012(WVMP. NO: 4500 OF 2012) Between: Songa Ravindra Babu, S/o. Late Jaya Rao, Working as Commissioner, Ongole Municipal Corporation, Ongole City, Prakasam District. ...Petltloner/2"'' Respondent AND 1. P. Hah Krishna, S/o.Malakondaiah, Occ; Coolie, R/o. Samaikyathanagar, Ongole City, Prakasam District. Respondent/Petitioner 2. Ongole Municipal Corporation, Rep. by its Commissioner, Ongole City, Prakasam District. ...Respondent 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 vacate the interim order granted in Writ Petition No. 35163/ 2012, dated 15.11.2012. Counsel for the Petitioner: SRI NIMMAGADDA SATYANARAYANA Counsel for the Respondents: SRI M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP.) Counsel for the Respondents: SRI A SREEDHAR The Court made the following order: w APHC010662842012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 35163/2012 Between: P.hari Krishna, S/o.malakondaiah, ...PETITIONER AND Ongole Municipal Corporation Rep By Its ...RESPONDENT(S) Commissioner and Others Counsel for the Petitioner: 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. ASREEDHAR 2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following: r HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.35163 of 2012 ORDER:- This writ petition is filed declaring the action of the Respondents in contemplating to demolish Petitioner’s house property and insisting to vacate from house bearing Door No.37-3- 53(2) situated in an extent of Ac.0.03 Va cents in T.S.No.14/1 bearing Plot No.45 situated in Samaikyathanagar, Ongole as illegal and arbitrary. « Petitioner claims to have been granted patta vide 2. D.K.No.200/1415 in RCB/224/06 dated 16.02.2006 in recognition to his long-standing possession. In the counter affidavit filed by Respondent No.2, it was mentioned that the Tahsildar had endorsed a letter to the Respondent No.2 vide RC/B/436/2001 dated 24.11.2012 stating that the patta claimed by the Petitioner is not traced and not tallied with the file and DK Register for the fasli 1415 and further stated that the patta granted in the name of Petitioner is not a genuine Notwithstanding the letter issued by the Tahsildar, it was 3. one. 2 mentioned in the counter affidavit that action against the Petitioner will be taken as per the procedure prescribed. 4. In view of the counter affidavit of Respondent No.2, this Court deems it appropriate to dispose of the writ petition leaving it open to the Respondents to take action against the Petitioner per the procedure prescribed under law. No ord^r as to costs. As a sequel, pending applications, if any, shall stand closed. as Sd/- A VENUGOPALA RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Commissioner, Ongole Municipal Corporation, Ongole City Prakasam District. 2. Sri Songa Ravindra Babu S/o. Late Jaya Rao, Working as Commissioner, Ongole Municipal Corporation, Ongole City, Prakasam District. 3. One CC to Sri Nimmagadda Satyanarayana, Advocate [OPUC] 4. One CC to Sri M Manohar Reddy, (SC for MUNC AND MUNC CORP ) [OPUC] 5. One CC to Sri A Sreedhar, Advocate [OPUC] 6. Two CD Copies PRK m HIGH COURT DATED:06/03/2025 ORDER fg 2 8 MAR 2025 g . Current Seeiion . ^" WP.No.35163 of 2012 DISPOSING OF THE WP WITHOUT COSTS