K IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1610 OF 2025 Between: Shaik Afroz Hussain, S/o. Shaik Jaffar Hussain, Aged about 33 years, Occ- Businesss, R/o. 50/268-2-3, Ravindra Nagar, Kadapa, YSR District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary, Municipal Secretariat Buildings, Velagapudi, Administration Department Amaravati, Guntur District. 2. The District Collector, Kadapa, YSR District. 3. The Kadapa Municipal Corporation, Kadapa, YSR District rep., by its Commissioner. 4. The Tahsildar, Kadapa Mandal, Kadapa, YSR District. 5. The Mandal Land Surveyor, Kadapa Urban, Kadapa, YSR District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in obstructing the petitioner to raise Compound Wall in the land in an extent of Ac. 0.02.651 cents out of Ac.0.66 cents in Sy.No.606/1B of (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District, stating that 40 ft., road is required to be laid through the same and also under the guise of survey proposed to be conducted in the adjacent lands, that too without adhering to the procedure of law as. arbitrary, illegal, contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and also well- established legal principles, apart from being violative of the Fundamental Rights guaranteed to us under^Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5 not interfere with my rights over the land an extent of Ac.0.02.651 cents out of Ac.0.66 cents in Sy.NG.606/1B of (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District under the guise of formation of a road through the same and also the survey proposed to be conducted in pursuance of the Notice, dated 07.01.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No.2 to 5 not interfere with the rights of the petitioner over the land an extent of Ac.0.02.651 cents out of Ac.0.66 cents in Sy.No.606/IB of (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District, without adhering to due process of law, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2, 4 & 5: GP FOR REVENUE Counsel for the Respondent No.3: SRI A S C BOSE (SC FOR MUNICIPALITIES) The Court made the following: ORDER 1 0 APHC010030842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1610/2025 Between: Shaik Afroz Hussain ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT{S) Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1.GP FORMUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE The Court made the following: ■'.4 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in obstructing the petitioner to raise Compound Wall in the land in an extent of Ac-0.02.651 cents out of Ac-0.66 cents in Sy.No.606/IB of (Ward No. 9, Corporation Ward No. 30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District stating that 40 feet road is required to be laid through the same and also under the guise of survey proposed to be conducted in the adjacent lands, that too without adhering to the procedure of law as arbitrary, illegal, contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and also well-established legal principles, apart from being violative of the Fundamental Rights guaranteed to him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No. 2 to 5 not interfere with the right over the land an extent of Ac-0.02.651 cents out of Ac-0.66 cents In Sy.No.606/IB of (Ward No 9, Corporation Ward No. 30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District under the guise of formation of a road through the same and also the survey proposed to be conducted in pursuance of the Notice dated 07.01.2025 ” 2. The petitioner is engaged in real estate business and as a part of his business he has developed the land in an extent of Ac.0.63.349 cents out of Ac.0.66 cents in Sy.No.606/1B (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa city, YSR District, which was owned and possessed by one Smt.Santhamma who, in turn, has purchased the same through a sale deed dated 03.06.2016, and thereafter, sold the same after laying house plots. While alienating the property in favour of subsequent purchasers, the petitioner has undertaken to construct a compound wall on the eastern side of the said property on his expenses. As such, he purchased the remaining extent of Ac.0.02.651 cents in 3 Sy.No.606/1B from the original owner Smt.Shanthamma through registered sale deed dated 29.07.2022. 3. It is the case of the petitioner that even prior to giving the land to the petitioner for developing as house plots, the owner of the said property i.e., Shanthamma has applied for conversion of the agricultural land into agricultural land and the Revenue Divisional Officer Division, issued land non- Kadapa Revenue conversion proceedings dated 24.08.2018. As the purchasers have insisted the petitioner to construct a compound wall, the petitioner started construction of the said wall on the eastern side of the property i.e., Ac.0.66 cents in Sy.No.606/1B. While so, the 5*^ respondent has issued notice on 07.01.2025 calling upon the petitioner and others to attend the survey schedule to be held on 25.01.2025 so far Sy.Nos.603, 604, 605, 610 and 611 of Ukkayapalli Village, as the land in which is no way concerned with the petitioner’s property. Further, the subordinates of respondent No.3 visited the subject land and obstructed to construct the compound wall, stating that a 40 feet road is required to be laid there. 4. Heard learned counsel for the petitioner and the learned appearing for the respondents. said counsel 5. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.3 furnished a copy of instructions of the City Planner, Kadapa Municipal Corporation dated 23.01.2025, wherein it is stated that the petitioner has illegally constructed an unauthorized room and office on the 40 feet Master Plan road per the sanctioned Kadapa Master Plan as w 4 (G.O.Ms.No.39, MA&UD, dated 21.03.2023) which shows that the petitioner has encroached on the public property. It is further stated that the unauthorized construction made by the petitioner has obstructed the free flow of traffic, endangering the safety of both pedestrians and vehicular commuters and despite repeated notices issued by the respondents, the petitioner has failed to remove the encroachments. It is further stated that the respondents has issued Encroachment Notices to one Shaik Allah Bakash and R.Sridhar Reddy who are the developers of the apartment on 05.09.2023 and 11.12.2024 respectively and in pursuance of the said notice, the said Shaik Allah Bakash and R.Sridhar Reddy, who are the developers, have removed 70% of the unauthorized shed constructed on the 40 feet Master Plan Road but the remaining portion has not yet been removed. It is also stated that no notice was given to the petitioner as he is not a builder or developer of the said property. From a perusal of the said instructions furnished by the 3'^'^ respondent. 6. it can be understood that there are certain unauthorized constructions made by Shaik Allah Bakash and R.Sridhar Reddy and as such Eviction notices were given to them on 05.09.2023 and 11.12.2024 and in pursuance of which they have already removed 70% of the unauthorizedly constructed shed on the 40 feet Master Plan road. However, they have failed to remove the remaining 30% of the unauthorized construction made by them. It is also the case of the petitioner that he is the developer who has 7. developed the house plots and thereafter, sold the same to the subsequent 5 purchasers on a promise that he would raise a compound wall to protect the plot owners and to keep up his promise, the petitioner has purchased an extent of Ac.0.02.651 cents of land from the original owner of the said property i.e. Smt.Shanthamma through a registered sale deed dated 29.07.2022 and in pursuance of which, he has intended to construct a compound wall. As per the said instructions, it is also an admitted fact that as of now, no notice was given to the petitioner regarding any encroachment made by him 8. and as such, he cannot be obstructed from raising the said compound wall without issuing any notice in accordance with law. If at all the petitioner has made any unauthorized constructions in the said land, the respondentsare at liberty to initiate action in accordance with law. In view of the same, instead of keeping the writ petition pending, this 9. Court feels it appropriate to dispose of the writ petition by directing the respondents not to obstruct the petitioner from raising the compound wall in an extent of Ac.0.02.651 cents in Sy.No.606/1B, (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa city, YSR District without following due process of law. With the above direction, the Writ Petition is disposed of. No costs. 10. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGI //TRUE COPY// AR SEGTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kadapa, YSR District. w 3. The Commissioner, Kadapa Municipal Corporation, Kadapa, YSR District. 4. The Tahsildar, Kadapa Mandal, Kadapa, YSR District. 5. The Mandal Land Surveyor, Kadapa Urban, Kadapa, YSR District 6. One CC to Sri V R Reddy Kovvuri Advocate [OPUC] 7. One CC to Sri A S C Bose, SC for Municipalities, Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies TF p HIGH COURT DATED:27/01/2025 ORDER WP.No.1610 of 2025 S' X 18 FEB 2025 C9; <9^ . Curreni oecuon l~l _ DISPOSING OF THE W.P., WITHOUT COSTS