APHC010672802015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4482/2015 Between: Gujjula Srinivasa Reddy ...PETITIONER AND State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V SUBRAHMANYAM SASTRY Counsel for the Respondent(S): 1. 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent No.2 in causing demolition of the leased premises of the petitioner bearing No. 26/A, Municipal Old assessment No.2582/C, New assessment No.13523 with door No.3-28-26 under Guntur Municipal Corporation without notice and without following due process of law, as illegal, arbitrary and in violation of Principles of Natural Justice and consequently direct the respondent No.2 not to demolish the aforesaid premises without following due process of law....” 2. The petitioner herein has entered into registered lease agreement dated 30.12.2013 with the 3rd respondent and her son in respect of the premises situated in D.No.26/A within Guntur Municipal Corporation for a period of 6 years from 01.01.2014. While the matter stood thus, the 2nd respondent has entered the petitioner’s premises on 21.12.2015 with heavy machinery for demolition of the structure where the petitioner has been running his business, without issuing any notice as per procedure. The action of the 2nd respondent in demolishing the petitioner’s leased out premises bearing No.26/A, Municipal Old Assessment No.2582/C, new assignment No.13523 with door No.3-28-26 which is under Guntur Municipal Corporation, without following due process of law, is under challenge in the present writ petition. 3. When the writ petition came up for admission on 24.02.2015, this Court has passed the following interim order: “There shall be stay of demolition to the extent of the construction made as per the permission obtained from the 2nd respondent-Corporation.” 4. Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development. 5. During the course of arguments, learned Standing Counsel has submitted that in pursuance of the interim order granted by this Court on 24.02.2015, they have not demolished the extent of the construction made as per the permission obtained from the 2nd respondent corporation and further submitted that if at all they intend to demolish the same, the authorities would follow due process of law. 6. In view of the said submission, this Court feels it appropriate to dispose of the writ petition by directing the 2nd respondent not to interfere with the possession of the petitioner’s property, without following the due process of law. 7. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE V.SUJATHA Date:23.01.2025 Gss