IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3186 OF 2025 Between: Donthukurthi Venkata Padmanabha Sarma, S/o. (late) D.V.R. Murthy, Male, aged 59 years, R/o. D. No. 16-8-10, FA-1, Suseela Nilayam, Official Colony, Near Bellam Vinayaka Temple, Maharanipet, Visakhapatnam Town, Visakhapatnam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its the Principal Secretary, Municipal Administration and Urban Development, Secretariat, Amaravathi, Gunturu District. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Commissioner and Director Municipal Administration, Vaddeswaram, Andhra Pradesh. 4. Great Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam.Visakhapatnam District. 5. The Assistant City Planner, Zone - IV, GVMC, Visakhapatanam 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 a WRIT OF MANDAMUS declaring the action of the respondents in trying to demolish the Petitioner house property RCC Building bearing D. No.39-33-98/1, with Property Tax No. 1086237461 and Water Tax Asst. HSC No. 1086016734, along with Electrical Service Connection No.1111281752075148 thereon with an RCC Plinth area 1100 % Sft. in Ground Floor thereon, situated at Madhavadhara VUDA Layout kalinganagar area, which is covered by Survey Nos. 13/IB part and 14/P of .Madhavadhara Village, Visakhapatnam by 5th respondent without following Pro^yision of Andhra, Pradesh Municipalities Act, 1965, without following procedure, as illegal, improper, unjust, arbitrary, violative of Article and 14,*21 of the Constitution of India in the interest of justice. near 300-A lA NO: 1 OF 2Q2.4 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct to 5^*^ Respondent not to demolish the may be petitioner property RCC Building bearing D.No.39-33-98/1 1086237461 & Water Tax Asst. HSC No. 1086016734, along with Electrical Service Connection No.1111281752075148 thereon i.e. with Property Tax No; with an RCC Plinth area 1100 Sft. in Ground Floor thereon, situated at Madhavadhara Layout near kalinganagar area, which is covered by Survey Nos. 13/IB part & 14/P of Madhavadhara Village, Visakhapatnam District under Act, 1965, pending disposal of the above Writ Petition. VUDA Municipal Counsel for the Petitioner: SRI ISUKAPATLA AJAY KRISHNA Counsel for the Respondent Nos.1 & 3: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent Nos.4 & 5: SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following; ORDER APHC010023442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No. 3186 of 2025 Between: ...PETITIONER Donthukurthi Venkata Padmanabha Sarma AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.ISUKAPATLA AJAY KRISHNA Counsel for the Respondent{S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN. AND URBAN DEV. 3. A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 VS,J \A/.P.No.3186 of 2025 ORDER.; 226 of the Constitution of India This writ petition, under Article is filed seeking the following relief; I of Mandamus declaring the ^cf/on oMhe respondents in .Z Building bearing D.l^- > 1086016734 along with 1086237461 & Water wnh rSH00°t.lreca sauced a, Madhavadhars VUDA i/fpTShavadhara vLge, s7Z%%nT6y g^ respo^ :^lr:Z^g:Z^dnln:slaPy. Weta„ve ot^rttote 300-A and 14, 21 of the Constitution of India. ..to issue a Writ learned Government & Urban Development learned Government Pleader for 2. Heard learned counsel for the petitioner Municipal Administration Pleader for representing respondent Nos.1 & 3 representing respondent No.2. and learned Standing Revenue Counsel representing respondent Nos.4 & 5. The case of the petitioner, in brief, as follows; 3. of RCC building (i) The petitioner is the owner and possessor of 1100 sft. in the bearing D.No.39-33-98/1, with an RCC plinth area Madhavadhara VUDA Layout near ground floor, situated at area, which is covered by Sy.Nos.13/1B part & 14/P of , Visakhapatnam, having purchased the same deed dated 05.12.2024 for valid consideration, has been paying the property tax regularly,^ Kalinganagar Madhavadhara Village under registered sale and that he VS,J W.P,No.3186 of 2025 (ii) The petitioner contends that there is a private pathway to his property on the western side and on the southern side, there is a public road, which is the only ingress and egress to his property. However, the neighbours tried to occupy the pathway by constructing stairs on the south-east corner and when he questioned their illegal actions, they influenced respondent No.5- Assistant City Planner, Zone-IV, Greater Visakhapatnam Municipal Corporation and since then, the respondent No.5 has been interfering with the possession of the petitioner and threatening to demolish his RCC building. 4. Today, when the matter is taken up for hearing, learned Standing Counsel representing respondent Nos.4 & 5 has furnished a copy of written instructions received from the Commissioner of respondent No.4-Corporation, wherein while denying the allegations made by the petitioner, it is stated that the petitioner’s property is covered by Sy.Nos.13/IB part and 14/P of Madhavadhara Village, Visakhapatnam, and the same is a vacant land and no RCC building is in existence nor any construction is going on in the said site. It is further stated that the said site is in triangular shape and is bounded by compound wall on east and west sides and on the southern side, there is a 60 feet wide road. It is further stated that the respondents have never interfered with the petitioner’s possession and that the petitioner has filed the present case with false allegations. -5. 4 VS,J W.P.No.3186 of 2025 In view of the above instructions and considering the facts and circumstances, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the same at the admission stage, by directing the respondents not to interfere with the possession of the petitioner over the subject property without following due process 5. of law. With the above direction, the Writ Petition is disposed of. No 6. order as to costs. Interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR / //TRUE COPY// ! SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat, Amaravathi, Gunturu District. 2. The District Collector, Visakhapatnam District, Visakhapatnam. 3. The Commissioner and Director Municipal Administration, Vaddeswaram, Andhra Pradesh. 4. The Commissioner, Great Visakhapatnam Municipal Corporation, Visakhapatnam. Visakhapatnam District. 5. The Assistant City Planner, Zone - IV, GVMC, Visakhapatanam District.^ 6. One CC to Sri Isukapatia Ajay Krishna, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Two CC’s to GP for Revenue, High Court of Andhra Pradesh[OUT] 10. Three CD Copies. ssb 'DO HIGH COURT DATED;10/02/2025 ORDER WP.No.3186 of 2025 I 17 MAR 2025 % ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS