IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8675 OF 709*^ Between: SK S^iha, W/o Shaik Habeeb, Aged about 41 Venkatagiri, Venkatagiri town, Nellore District (Now Tirupati District) years, R/o Jettypalem ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Guntur District. 2. The Commissioner, Venkatagiri Muni^lity, Tirupati District, Pradesh. 3. The Town Surveyor, Venkatagiri MunicipalityTTirupati District Pradesh. Andhra Andhra ...Respondents Petition under Article 22^f the Constitution the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ, or Direction more particularly one in the nature of of India praying that in may r Writ of Mandamus, to declare the Show Cause Notice vide RoC No.203?^4-01, dated 1^03.2025 and the proceedings vide RoC.No.203/2024-G, dated 23.03.2025 issued by the 2nd Respondent is illegal, arbitrary, unconstitutional And violation of Article 14 of Constitution of India and set aside The same and consequently Direct the 2nd Respondent to grant me a reasonable opportunity to submit explanation before taking any action. a proper 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 2"*^ respondents not to take any coercive action against the Petitioner based RoC.No.203/2024-G,dated 23.03.2025 2"'^ respondent, pending Disposal of the Writ petition before this Hon’ble Court, the impugned proceedings vide on Counsel for the Petitioner; SRI YEDIDA AKHIL PAVAN Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos.2 & 3: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITIES '—' The Court made the following: / 1 / VN,J / / W.P.No.8675 of 2025 / / APHC010168142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8675/2025 Between: ...PETITIONER Sk Sabiha AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.YEDIDA AKHIL PAVAN Counsel for the Respondent{S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 2 VN, J W.P.No.8675 of 2025 / THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8675/2025 The Court made the following Order: The present writ petition is filed questioning the impugned proceedings vide RoC.No.203/2024-01 dated 12.03.2025 issued by the respondent No.2, whereunder the petitioner was alleged to have encroached 238 square feet of municipal property in Sy.No.279 in street plan No.30 in the shape of the above plinth level and was called upon to remove the encroachments within the stipulated time. 2. The petitioner claims to be the owner of the land situated in S.No.279 admeasuring 30.22 sq.ft, having acquired the same from Sk.Dastagiri Sahib through a registered sale deed dated 20.08.2018. The husband of the petitioner, by name Shaik Habeeb, has previously purchased a house along with adjacent vacant site from one S.K.Rehmath Bhee through a registered sale deed dated 25.05.2009 admeasuring 167.75 square yards and R.C.C building to an extent of 1126 square feet. It is also pleaded that the vendor of the husband of the petitioner had obtained building plan approval from the Venkatagiri Gram 3 VN, J I W.P.No.8675 of 2025 Panchayat the in 2002 year under BA 61/2002/2003. While so, a writ petition was filed before the Hon’ble Court in W.P.No.6231 of 2024 by the 3 rd party questioning the inaction of the municipal authorities i any action on the encroachments of Pursuant to that, a show cause notice petitioner alleging encroachment of 637 land and thereafter impugned notice - in not taking municipal properties. was issued on the square feet of municipal was issued on the ground that no documents were filed by the petitioner to substantiate her defence. Subsequently, hearing was conducted by respondent No.2 on 19.03.2025 and as petitioner could not substantiate her area, the impugned order was claim over the alleged encroached passed. Hence, the petition is filed. 3. The learned counsel for the show cause notice petitioner submits that the was issued with reference to conducted by a town surveyor on 04.03.2025 and the conducted without prior notice to the petitioner the same was also not furnished to the a survey same was and the copy of petitioner. 4 VNJ W.P.No.8675 of 2025 The learned Standing counsel on instructions signed by the Commissioner of Venkatagiri Muicipality submits that the action was initiated against the petitioner pursuant to the order passed by this Court in W.P.No.6231 of 2024, filed regarding non removal of encroachments in 19'^ ward of Jettipalem Road, 4. Venkatagiri. Having heard the learned counsel for the petitioner and learned Standing Counsel for Municipal Administration and Urban Development, this Court is of the opinion that survey report should have been furnished to the petitioner and survey should 5. have been conducted to their knowledge and with reference to the available documents claimed by the petitioner. Since the title documents of the petitioner were not taken into consideration at the time of survey or at the time of passing the impugned order. the impugned order cannot be sustained. Therefore, the writ petition is disposed of with following the 6. directions. dated RoC.No.203/2024-01 (i) The impugned notice 12.03.2025 is set aside. 5 VN,J W.P.No.8675 of 2025 (ii) The Respondent No.2 to furnish town survey report to the petitioner and may conduct fresh survey with reference to the title documents of the petitioner and the link documents and thereafter take action, if encroachment by the petitioner is still made out. (iii) This exercise may be completed within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- M. PRABHAKAR RAO ASSISTANT EGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, State of Andhra Pradesh Municipal Administration and Urban Development, Velagapudi, Guntur District. 2. The Commissioner, VenkatagiriMunicipality, Tirupati District, Pradesh. 3. The Town Surveyor, Venkatagiri Municipality, Tirupati District Pradesh. 4. One CC to SRI YEDIDA AKHIL PAVAN, Advocate [OPUC]'- 5. One CC to SRI GUDAPATI LAKSHMI NARAYANA, STANDING COUNSEL FOR MUNICIPALITIES [OPUC] 6. Two CCs to GP MUNCIPAL ADMN. AND URBAN DEV. AP Of Andhra Pradesh. [OUT] 7. Three CD Copies Department of Secretariat, Andhra Andhra High Court sree « HIGH COURT DATED:03/04/2025 \ ORDER WP.No.8675 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS