APHC010025402017 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25498/2017 Between: V.purnajeevan Commissioner Municipal Corp And Anothers and Others Counsel for the Petitioner: 1. GHANTA SRIDHAR Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25498/2017 ...PETITIONER AND Commissioner Municipal Corp And Anothers ...RESPONDENT(S) Counsel for the Petitioner: GHANTA SRIDHAR Counsel for the Respondent(S): A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) the following: [3333] ...PETITIONER ...RESPONDENT(S) A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ or any other order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the respondents in trying to demolish building bearing No.15-8-183/2, Nandivelugu Road after Old Guntur Guntur District Andhra Pradesh constructed by me after obtaining permission from the respondent corporation summarily by issuing notice dated 21.3.2017 under Section 405 and 406 of HMC Act without following due process of law as arbitrary illegal and in violation of well settled principles of natural justice and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case..” 02. The case of the petitioner is that originally one Nidamarthi Samrajyamma and her daughter Venkata Subbamma became the owners of land ad-measuring Ac.4.22 cents in D.No.481/2A by way of auction sale conducted by the Court in E.P.No.770 of 1936. Out of the said land, the property holders sub-divided an extent of Ac.1.85 cents into 20 plots and one such land was sold in favour of one Ande Mallikarjuna Rao under registered sale deed dated 15.06.1968 who in turn sold the said plot of land in favour of one Gunji Ankamma Rao under registered sale deed dated 16.03.1981 bearing document No.2531 of 1981. 3 Thereafter, the petitioner has purchased the said property from the wife of Mr.G.Ankamma Rao under a registered sale deed dated 29.07.1989 bearing document No.5138 of 1989. After obtaining the permission from Municipal Corporation vide proceedings BA.No.1133/2001, dated 28.12.2001, the petitioner has commenced the construction and has also completed the construction of the building in year 2001 and the said property was assessed to the property tax in the year 2003. While the matter being so, the respondent corporation has issued a notice on 21.03.2017 stating that the petitioner encroached upon road margin on the Nandivelugu road from bus stand to railway track and constructed shed/building/compound wall and on account of the same, inconvenience is caused to the traffic and construction of drainage etc and directed the petitioner to remove the said constructions within 24 hours. Challenging the same, the petitioner has filed the present writ petition. 03. Heard Ms.Mahati Saaveri, learned counsel representing Sri Ghanta Sridhar and Sri A.S.C. Bose, learned Standing Counsel for respondent No.3. 4 This Court granted interim orders on 01.08.2017. The same reads as follows: “..respondents are directed not to take coercive action pursuant to the impugned notice, dated 21.03.2017, issued by the 1st respondent for a period of three weeks. 04. Sri A.C.Bose, learned Standing Counsel for Municipal Corporation on oral instructions stated that in pursuance of the interim orders granted by this Court on 01.08.2017, the respondents have not interfered with the petitioner’s possession over the subject property. But, however, as stated, if at all the petitioner has made any changes in the building sanctioned plan, the respondent authorities would initiate action in accordance with law and accordingly prayed to dismiss the writ petition. 05. In view of the fact that the respondents have not initiated any action in pursuance of the interim orders granted by this Court and in view of the fact that they themselves have admitted that they would follow due process of law, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to demolish the petitioner building bearing No.15-8-183/2, 5 Nandivelugu Road, Old Guntur, Guntur Distrct without following due process of law. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:07.02.2025 KKV 6 7 183 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 25498 of 2017 Date:07.02.2025 KKV 8