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2025 DAILYLAW 41807 (AP)

V VASUDHA v. THE STATE OF AP

WP/30135/2025 · 2025-10-30

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010585612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30135/2025 Between: V Vasudha and Others ...PETITIONER(S) AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner(s): 1. G SEKHAR REDDY Counsel for the Respondent(s): 1. GP FOR ROADS BUILDINGS 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.30135 of 2025 ORDER: The petitioners are aggrieved by the show cause notice dated 23.10.2025, whereby the 2nd respondent has determined the encroachment of the petitioner as construction of the petitioner has encroached the road margin. 2. It is submitted that the petitioners never encroached the road margin and the petitioners are in possession and enjoyment of the property which was purchased by the petitioners vide registered sale deed dated 18.05.2021. It is submitted that the petitioners have also obtained permission for construction of a residential house and are also paying applicable taxes. 3. The learned standing counsel for 2nd respondent submits that the petitioners are challenging the show cause notice and that they would have to submit explanation. It is also submitted that the petitioners also participated in the survey which was conducted by R&B authorities while the encroachment was determined. As such, the notices are issued to the petitioners. 4. The learned counsel for the petitioners’ submits that the petitioners are disputing the survey and that the petitioners submitted an application for demarcating the petitioners’ property. 5. Considering the submissions, the respondents are hereby directed to consider the reply submitted by the petitioners and there shall be a further direction to the respondents 2 to 4 to conduct joint survey duly informing the petitioners for determining the encroachment of the petitioners, if any, till then no coercive steps shall be taken against the petitioners. 6. It is also made clear that if the respondent authorities intend to widen the road for public purpose and such activity necessitates acquisition of petitioners’ property, the respondents shall follow the procedure as contemplated under the Right to Fair Compensation and Transparency in Land Acquisition and Rehabilitation and Resettlement Act, 2013. 7. Accordingly, the writ petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.30135 of 2025 Dated 31.10.2025 KGM