1 HN, J W.P.No.36782_2025 APHC010720252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36782/2025 Between: 1. SMT.DUMPALAGATTU OBULAMMA, W/O.DUMPALAGATTU SUBBARAYUDU, AGED ABOUT 55 YEARS, OCC HOUSE HOLD, R/O.KAMALAPURAM TOWN AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 2. THE KAMALAPURAM NAGARA PANCHAYAT, KAMALAPURAM, YSR KADAPA DISTRICT REP BY ITS COMMISSIONER.518222 ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.2 in issuing Impugned Notice No.Ol/KMPOl/G 1/2025, dated 21-10- 2025 directing the Petitioner to remove the encroachments within a period of 7 days from the date of receipt of the Notice without issuing show cause notice as arbitrary, illegal, violation of principles of natural justice and in violation of Article 14, 19 and 21 of the Constitution of India and consequently 2 HN, J W.P.No.36782_2025 set aside the Impugned Notice No.Ol/KMPOl/Gl/2025, dated 21-10-2025 issued by the 2nd Respondent in the interest of justice IA NO: 1 OF 2025 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 may be pleased to suspend the Impugned Notice No.Ol/KMPOl/Gl/2025, dated 21-10- 2025 issued by the 2nd Respondent pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.36782_2025 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the action of respondents in issuing notice dated 21.10.2025. It is submitted that the 2nd respondent, vide the said notice, determined that the petitioner had encroached upon the road and constructed a house thereon. 2. The learned counsel appearing for the petitioner submits that the petitioner purchased the property in the year 2016 and has constructed a house thereon. It is further submitted that the 2nd respondent, without issuing any prior notice, could not have determined the petitioner to be an encroacher of the road. 3. The learned Standing counsel appearing for the 2nd respondent, on written instructions, submits that the Tahsildar of Kamalapuram Mandal issued an endorsement dated 11.11.2025, wherein it was observed that the petitioner had occupied an extent of Ac.0.03 cents of Rastha, causing inconvenience. In that regard, the 2nd respondent addressed a letter dated 03.12.2025 to the Station House Officer, Kamalapuram Mandal, seeking police assistance for removal of the encroachment. 4. The learned Standing counsel for the 2nd respondent also submits that the 2nd respondent issued a reminder notice dated 03.11.2025 and a confirmation notice dated 22.11.2025. 4 HN, J W.P.No.36782_2025 5. The learned counsel for the petitioner submits that, without issuing any notice to the petitioner calling upon the petitioner to submit his explanation and without considering the title documents of the petitioner, the 2nd respondent could not have determined the petitioner to be an encroacher. 6. Considering the submissions made, the writ petition is disposed off at the admission stage, making it clear that the petitioner shall submit an application for conducting a survey of his property. Upon receipt of the said application, within a period of two weeks from the date of receipt of this order, the 2nd respondent shall conduct a detailed survey by referring to the title documents of the petitioner and shall determine the extent of the petitioner’s property corresponding to the title documents and any alleged encroachment. If the 2nd respondent finds that the petitioner is in possession of land beyond the extent covered by the title documents, the same shall be reclaimed in accordance with law. Pending such consideration, status quo with regard to possession shall be maintained. There shall be no order as to costs Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:31.12.2025 NKA 5 HN, J W.P.No.36782_2025 97 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36782 of 2025 Date: 31.12.2025 NKA