1 APHC010031222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1618/2025 Between: Kondagari Vijaya Bharathi, ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. AMANCHI ROYAL Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue a writ order or direction particularly in the nature of writ of mandamus declaring the action of the respondent No.2 to 6 in trying to demolish the petitioner’s RCC Terrace Rooms (Middle Rooms) and also asbestos iron sheet shed property, admeasuring an extent of 30.75 Sq yards situated at Door No.2/239A and 2/239B, 2nd Ward, Mahabub Nagar, Rajampet, Annamaiah District without following the due process of law and in violation of the principles of natural justice and without invoking any acquisition laws as illegal, arbitrary and unconstitutional and consequently direct the respondent Nos.2 to 6 not to demolish the petitioner’s RCC Terrace Rooms (Midde Rooms) and also asbestos iron sheet shed property, admeasuring an extent of 30.75 Sq yards situated at Door No.2/239A and 2/239B, 2nd Ward, Mahabub Nagar, Rajampet, Annamaiah District without following the due process of law and without invoking any acquisition laws...” 2. Heard learned counsel for the petitioner, learned Government Pleader for Revenue for respondent Nos.1 to 4, Smt.V.Sireesha Rani, learned Standing Counsel for respondent No.5 and learned Government Pleader for Municipal Administration and Urban Development for respondent No.6. 3. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.5 furnished a copy of instructions of the Commissioner, Rajampet Municipality, Annamayya District, dated 25.01.2025, wherein it is stated that The Telugu daily newspaper, on 12.01.2025, published an article titled "DHARJAGA KALUVA KABJAA," which highlighted an encroachment on municipal land. The article specifically pointed out that the petitioner had 3 encroached upon the municipal open drainage canal by covering it with cement slabs for the past 10 years, however no action was taken by the Municipal authorities. Thereafter, the Municipal authorities conducted a site inspection and confirmed the encroachment on the Municipal Open Drainage canal by the petitioner at Survey No. 732, Rajampet Revenue Village, located along the Highway Road on government land. The authorities orally informed the petitioner to remove the encroachment within 7 days, under Section 192 of the APM Act 1965, and also informed that if he fails to comply, it would lead to further action. Despite the 10-day notice issued, the petitioner did not remove the encroachment within the given time. As such, on 22.01.2025, the municipal authorities, assisted by the police, intervened to remove the encroachment. Although the petitioner and their family initially resisted and used abusive language, they eventually agreed to remove the encroached portion themselves. The municipal authorities clarified that they did not demolish any permanent structures, but only removed the encroached portion of the drainage canal, leaving the petitioner’s permanent structures intact. 4. As per the said instructions, it is an admitted fact that the respondents herein have removed only the encroachments made by the petitioner on the open drainage canal and have not interfered with the permanent structures raised by the petitioner. 5. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the Writ Petition directing the 4 respondents not to interfere with the structures raised by the petitioner on the subject land without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 27.01.2025 KGR