IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUA TWO THOUSAND AND TWENTY FIVE I PRESENT \ THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1774 OF 2025 Between: 1. Jagula Yedukondalu, S/o Chinna Mala Kondaiah, Aged 48 years, R/o. 95-15-558, Santhi Nagar, Guntur, Guntur District. 2, Jagula Tirupatamma, W/o Jagula Yedukondalu, Aged 48 Years, R/o. 95-15-558, Santhi Nagar, Guntur, Guntur District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principle Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur. 3. The Deputy Commissioner, Guntur Municipal Corporation, Guntur. 4. The Superintending Engineer, Guntur Municipal Corporation Guntur. 5. The Chief Planning Officer, Chief Planning office, Guntur Municipal Corporation, Guntur. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, or Order, or Direction more particularly the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in digging land in laying a drain through the land of the 1®’ petitioner admeasuring an extent of 360.99 sq. yd and the land of the 2 petitioner admeasuring an extent of 237 sq. yds at ward no. 17, Block no. 2, T.S.No.39, 46 of Santhi Nagar locality, Guntur, Guntur District as illegal. may one in nd arbitrary and unconstitutional and violative to the provisions of Municipal Corporation Act, 1955 apart from violation to the principles of natural justice and consequently direct the respondents desist from interfering witti the land of the 1st petitioner admeasuring an extent of 360.99 sq. yds and the land of the 2nd petitioner admeasuring an extent of 237 sq. yds at ward no. 17, Block no. 2, T.S.No.39, 46 of Santhi Nagar locality, Guntur, Guntur District in any manner for any purpose including g laying a drain etc, by making it clear that, no private property can be used for laying drains etc., without acquiring the lands by following the procedure contemplated under Act 30 of 2013. lA NO: 1 OF 2Q2fi 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 respondent authorities not to interfere with the land the 1"* petitioner admeasuring an extent of 360.99 sq. yds and the land of the 2"'' petitioner admeasuring an extent of 237 sq. yds at ward no. 17, Block no. 2, T.S.No.39, 46 of Santhi Nagar locality, Guntur, Guntur District any manner including digging etc. of in Counsel for the Petitioners: SRI K. S. MURTHY ASSOCIATES Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 5:SRI A.S.C. BOSE, SC FOR MUNICIPAL CORPORATIONS The Court made the following: ORDER APHC010035252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1774/2025 Between: Jagula Yedukondalu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner{S): 1. K S MURTHY ASSOCIATES Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER:- This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: ..to issue a Writ or Order or Direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in digging land in laying a drain through the land of the petitioner admeasuring an extent of 360.99 sq.yds and the land of the 2"^ petitioner admeasuring an extent of 237 sq.yds at ward no.17, Biock no. 2, T.S.No.39, 46 of Santhi Nagar locality, Guntur, Guntur District as iiiegal, arbitrary and unconstitutional and violative to the provisions of Municipal Corporation Act, 1955 apart from violation to the principles of natural justice and consequently direct the respondents desist from interfering with the land of the 1^^ petitioner admeasuring an extent of 360.99 sq.yds and the land of the 2'^^ petitioner admeasuring an extent of 237 sq.yds at ward no.17. Block no.2, T.S.No.39, 46 of Santhi Nagar locality, Guntur, Guntur District in any manner for any purpose including g laying a drain etc, by making it clear that no private property can be used for laying drains etc., without acquiring the lands by following the procedure contemplated under Act 30 of 2013... ” 2. Today when the matter came up for hearing, Mr.ASC Bose, learned Standing Counsel for Municipal Corporation, has furnished a copy of instructions of respondent No.2 dated 27.01.2025, wherein it is stated that the respondent Corporation has only checked the levels at the corner of the 4’ lane using leveling instrument on the existing katcha drain in pursuance of the sanction for construction of CC drain at 3'"’ lane but have not interfered with the petitioner’s possession over the subject property. It is further stated that if the respondent Corporation intends to acquire the petitioners’ land, the Corporation will follow due process of law. 3. In view of the same, inspite of keeping the writ petition pending, the writ petition is disposed of directing the respondent authorities not to interfere with an extent of 360,99 sq.yards and the petitioner’s property admeasuring to the 2"“ petitioner's property admeasuring to No.17, Biock No.2, T.S.No.39 following due an extent of 237 sq.yards at Ward 46 of Santhi Nagar Locality, Guntur, without process of law. No order as to costs. Consequently miscellaneous Petition, shall also stand closed. applications pending, if any, in the Writ Sd/-SHAIK MOHD RAFI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principle Secretary, Municipal Administration Development Department, State of Andhra Buildings, Velagapudi, Guntur District, 2. The Commissioner, Guntur Municipal 3, The Deputy Commissioner, 4. The Superintending Engineer, Guntur 5, The Chief Planning Officer, Corporation, Guntur, 6. One CC to Sri K, S, One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUCJ wo CCs to GP for Municipal Administration High Court Of Andhra Pradesh. [OUT] 9. Three CD Copies. and Urban Pradesh, Secretariat Corporation, Guntur, Guntur Municipal Corporation Guntur. Municipal Corporation Guntur. Chief Planning office, Guntur Municipal Murthy Associates, Advocate [OPUC] and Urban Development, ssb 1*‘ HIGH COURT DATED;29/01/2025 ORDER WP.No.1774 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS