APHC010033662017 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO:15071/2017 Between: Vaddadi Prakasa Rao, The Tahsildar and Others Counsel for the Petitioner: 1. B SUDHAKAR REDDY AND NEERAJA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO:15071/2017 ...PETITIONER AND ...RESPONDENT(S) Counsel for the Petitioner: B SUDHAKAR REDDY AND NEERAJA REDDY Counsel for the Respondent(S): GP FOR REVENUE (AP) GP FOR MUNCIPAL ADMN URBAN DEV C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3333] ...PETITIONER ...RESPONDENT(S) 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 more particularly one in nature of Writ of MANDAMUS declaring the action of the 1st Respondent in taking steps to demolish/interfere with the construction of house of the Petitioner in plot A, BC Colony, beside Arjun bricks company, situated at Sy.No.265/4 Pendurthi Village & Mandal, Visakahpatnam District to an extent of 155.25 sq.yards in pursuance of building permission vide order No. 1086/0463/B/26/EGE/2017 dated 15.4.2017 on the file of 3rd Respondent without following due process of law as bad in law and violative of Principles of Natural Justice and consequently restrain the 1st Respondent from demolition/interfering with the peaceful possession of the petitioners construction of house in plot A, BC Colony, beside Arjun bricks company situated at Sy.No.265/4 Pendurthi Village, Visakahpatnam District in the Interest of Justice..” 02. The case of the petitioner is that he is the absolute owner and possessor of the subject land to an extent of 155.25 Sq.Yards, in plot A, BC colony, beside Arjun bricks company, situated at Sy.No.265/4, Pendurthi Village, Viskahapatnam District, having purchased the same from one Sri Alla Raju, vide Registered document No.5683/2012 dated 28.12.2012. After the purchase, as the petitioner is intended to construct a house in the above plot, he obtained building permission from the 3rd respondent-corporation bearing permission No.1086/0463/B/26/EGE/2017 dated 15.04.2017. When the petitioner started construction of ground + 1 floor, the 1st respondent authorities along with his staff came to the premises and tried to stop the 3 construction and to demolish the existing structures without giving any notice or opportunity to the petitioner. On furnishing building permission said to have been issued to the petitioner, the respondent authorities threatened the petitioner that they would come again and demolish the structures. Apprehending that the respondent authorities would demolish the structures, the present writ petition is filed challenging the action of the respondent. 03. Heard Sri B.Sudhakar Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and Sri A.S.C. Bose, learned Standing Counsel for respondents No.3. On 25.04.2017, while admitting the writ petition, this Court granted interim direction, which reads thus: “There shall be an interim direction to respondents Nos.1 and 2 not to interfere with the construction activities being undertaken by the petitioner as long as the permission granted in his favor is subsisting”. 04. Today, when the matter came up for hearing, the A.S.C. Bose, learned Standing Counsel appearing for respondents No.3 has furnished a copy of the written instructions of the Commissioner, GVMC, Vishakapatnam, wherein it is stated that the petitioner applied for construction of G+1 building permission bearing No.1086/0463/B/Z6/EGE/2017 dated 27.07.2017 through the APDPMS online portal for an extent of 129.69 Sq.mts at survey No.265/4, 4 Pendurthi and upon verification, the remarks of Town Surveyor GVMS, Zone-8 categorically show that the proposed site falls in S.No.265/2 part and 265/4 part of Pendurthi Village. As per revenue records S.No.265/2 is a Government and S.No.265/4 is a private land and the file was returned to the applicant for submission of “No Objection Certificate” from the Tahsildar, Pendurthi, without which the file cannot be approved. The instructions further show that the 1st respondent issued endorsement and stop work order to the applicant vide No.EDS/1086/2017/0869 & SWO/1086/2017/0889 dated 20.08.2018. But, at present, the application is still pending in online APDPMS portal. However, the petitioner filed “No Objection Certificate” from the Tahsildar, Pendurthi and that the petitioner is residing in the said building from 2018 to till date. 05. Learned Assistant Government Pleader for Revenue has furnished a copy of the written instructions of the Tahsildar, Pendurthi Mandal wherein it is stated that as per the field enquiry report, the subject land is covered in 265-2 of Pendurthi village, which is classified as “Poramboke Rasta” (objectionable Government land), with a total extent of Ac.0.35 cents and further stated that the petitioner is trying to encroach the land in Sy.No.265/2 to construct a house in the objectionable poramboke (Government land) which attracts the provisions of Andhra Pradesh Land Encroachment Act, 1905. 06. Having regard to the facts and circumstances of the case and considering the submissions of learned counsel for the both parties, this Court 5 is of the considered view that the constructions undertaken by the petitioner is in the Government land, which is classified as poramboke rastha, and that since the petitioner made constructions encroaching the Government land which is neither disputed nor denied by the learned counsel for the petitioner. In that view of the matter, it would suffice if the respondents are directed to initiate appropriate proceedings in accordance with, in the event, if the petitioner is found to be constructed the building by encroaching the Government land. 07. Accordingly, the writ petition is disposed of, directing the respondent not to interfere with the constructions made by the petitioner as per the building plan in the subject land. However, in case the petitioner is found to be made constructions by encroaching the government land, the respondent authorities are always at liberty to initiate appropriate proceedings under the provisions of Andhra Pradesh Land Encroachment Act, 1905 by following due process of law. As a sequel, miscellaneous applications, pending if any, shall stand closed. ___________________ JUSTICE V.SUJATHA Date:07.02.2025 KKV 6 142 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15071 of 2017 Dsate:07.02.2025 KKV