11 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) I FRIDAY ,THE SIXTEENTH DAY OF MAY 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9502 OF 2025 T. f Between: Gonugunta Veeraswamy, S/o. Gopalam, Aged about 61 years, Occ: Agricultural coolie, R/o. D.No. 45-1-15, Kothapatnam Road, Masthan Dharga Center, Ongole, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary MA & UD Department Secretariat, Velgapudi, Guntur District. 2. The Ongole Municipal Corporation, rep.by its Commissioner, Ongole Prakasam District. 3. The Tahsildar, Ongole, Prakasam District. ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents authorities herein in taking steps to evict/dispossess the Petitioner from his House Site/Plot No.56 admeasuring to an extent of Ac. No. 0.1 72 cents in Sy. No./T.S.No. 72,73 of Mamidipalem (Kotha Mamidi Palem), Ongole Urban, Prakasam District to conduct auction for the Public purpose without acquiring such land and paying compensation by following any procedure established by law as wholly arbitrary, illegal without jurisdiction and void and violated the principles of natural justice and affected my rights ted under Articles 14, 15, 19(1 )(g), 21 and 300-Aofthe Constitution consequently direct the Respondents not to interfere with the ^^sjfcpossession and enjoyment of House site/Plot No.56 ^^u/iiS to an extent of Ac. No. 0.1 14 cents cents in Sy No./T.S.No. ■^,7«3 of Mamidipalem (Kotha Mamidi Palem), Ongole Urban, Prakasam District. lA 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 to direct the Respondents not to interfere with the petitioner's possession and enjoyment of House site/Plot No.56 admeasuring to extent of Ac. No. 0.1 72 cents in Sy No./T.S.No. 72,73 of Mamidipalem (Kotha Mamidi Palem), Ongole Urban, Prakasam District forthwith; Counsel for the Petitioner: SRI MD SALEEM Counsel for the Respondent Nd.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.2: SRI A.S.C.BOSE, STANDING COUNSEL The Court made the following: gy. , p i: V* an '. 1 • 1 VN, J W.P.No.9502 of 2025 APHC010187872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9502/2025 Between: ...PETITIONER Gonugunta Veeraswamy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MDSALEEM Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2 VN, J W.P.No.9502 of 2025 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9502/2025 The Court made the following Order; The present Writ Petition is filed under Article 226 of Constitution of India seeking for the following relief; “...pleased to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents authorities herein in taking steps to evict/dispossess the Petitioner from his House site/Plot No. 56 admeasuring to an extent of Ac No 0 1 percent cents in Sy.No.T.S.No.72, 73 of Mamidipalem, Kotha Mamidi Palem, Ongole Urban Prakasam District to conduct auction for the Public purpose without acquiring such land and paying compensation by following any procedure established by law as wholly arbitrary illegal without jurisdiction and void and violated the principles of natural justice and affected my rights guaranted under Articles 14 15 191 g 21 and 300A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioners possession and enjoyment of House site/Plot No 56 admeasuring to an extent of Ac No 0 1 percent cents in Sy No /T S No 72 73 of Mamidipalem Kotha Mamidi Palem Ongole Urban Prakasam District and to pass.. The petitioner claim to have been allotted plot No.56 2. admeasuring to an extent of Ac.0.172 cents in Sy.No.T.S.No.72 3 VN,J W.P.No.9502 of 2025 ^3 of Mamidipalem (Kotha No. 182/1411 authorities trying to without issuing any notice filed. Mamidipalem), Ongole Whileso vide patta dated 30.06.2002. the respondent possession of petitioner dispossess the and hence, the present writ petition is The learned Standing Counsel written instructions to the Counsel Court signed by the passed on the Commissioner, officials of Ongole Municipality, wherein the Corporation i it was mentioned that the inspected the Integrated Development Layout) LP.No.20/88 carried away jungle clearance of Small and Medium Town layout (IDSMT and had given the marking and during the course of inspection. 4- It was further stated that the IDSMT Layout and the site. It was further stated site of the petitioner lies i - in the in possession of the said by the one as the in 1988. However, it was mentioned as per the Andhra Pradesh would follow the due petitioner is not i that the DKT patta claimed petitioner was issued in the year 2002 iIS a fabricated IDSMT layout was formed that necessary action will be taken Municipal Corporations Act, 1995 and procedure. r ’ 4 VN, J W.P.No.9502 of 2025 In view of the above written instructions, the grievance of the petitioner has redressed and the writ petition is disposed of directing the Respondent authorities to follow the procedure contemplated under law before taking further action against the petitioner and patta said to have been granted in favor of the petitioner in the year 2002. 5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECtfON OFFICER To, Principal Secretary MA & UD Department Secretariat, Velgapudi, State of Andhra Pradesh (BY SPECIALMESSENGER) 1. The Guntur District, 2. The Commissioner. Ongole Municipal Corporation, Ongole, Prakasam District. 3. The Tahsildar, Ongole, Prakasam District. (Addressee Nos.2 & 3 BY RPAD) 4. One CC to SRI. MD SALEEM Advocate [OPUC] 5. Two CCs to GP MUNCIPAL ADMN AND URBAN DEV AP .High Court Of Andhra Pradesh. [OUT] 6. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 7. One CC to SRI A.S.C. BOSE, Standing Counsel [OPUC] 8. Three CD Copies HIGH COURT DATED:16/05/2025 ORDER WP.No.9502 of 2025 19 JUN 2025 1 - ''••rrentSectiott-'^' ss m o CO DISPOSSING THE WRIT PETITIION