IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1873 OF 2n?f; Between: Dlivvu Satya W/o Ravi, aged about years, R/o H.No. 27-9-64, Navabupeta, Dasannapeta, Vizianagaram Town & District, Pin code - 535 002, A.P. 1. Duvvu Kondamma W/o Poleesu, aged about R/o H.NO.27-10-28A, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Karagana Kiran Kumar, S/o Krishna, aged about 33 years R/o H.No.27-8-17, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Karagana Bharathi W/o Atchanna, aged about 55 years R/o H.No.27-9-60, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Karagana Ramana, S/o Suryanarayana, aged about 65 years R/o H.No.27-9-55, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Nodagala Gopi, S/o Appala Narasaiah, aged about 40 years R/o H.N0.27-8-25A, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Sunkara Santhi, D/o K. Suryanarayana, aged about 50 years R/o H.N0.27-9-55A, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Korada Suresh, S/o Appala Raju, aged about 45 years R/o H.No.27-9-54, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Duvvu Syamala, W/o Narasimha Murthy, aged about 50 years R/o H.No.27-9-65, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. years 2. 3. 4. 5. 6. 7. 8. 9. 3. 4. 5. 6. 7. 8. 9. f § 2 Sattarapu Mutyalamma W/o Srinu, aged about 50 years R/o H.No.27-1, Alti Street, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Avala Gurunadh, S/o Tata, aged about 46 years R/o H.No.27-9-27/5, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Karagana Leela Prasad, S/o Venkata Apparao @ Suri Apparao, aged about 35 years, R/o H.No.27-7-51A Navabupeta, Dasannapeta, Vizianagaram Town & District Pin code - 535 002, A.P. Kagitha Appala Kondamma, W/o Late Chinna Appa Rao aged about 63 years, R/o H.No.6-7-45A, Devangula Veedhi Near Ramalayam, Vizianagaram Town & District Pin code - 535 002, A.P. Karri Sarojini Devi, aged about 38 years R/o H.N0.27-7-54A, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Bura Aruna, W/o Ganga Raju, aged about 37 years R/o H.No.27-7-44, Navabupeta,Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Bura Bhogeswara Rao, S/o late Rambabu, aged 63 years R/o H.No.26-7-50/2, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. Duvvu Srinivasa Rao, S/o Rama Swamy, aged about 46 years R/o H.No.27-9-62, Navabupeta, Dasannapeta Vizianagaram Town & District, Pin code - 535 002, A.P. 10. 11. 12. 13. 14. 15. 16. 17. .. Petitioners And The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Deptt. Secretariat, Velagapudi, Amaravati, A.P. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, A.P. 1. 2. 3. The District Collector, Vizianagaram 4. The Revenue Divisional Officer, Vizianagaram 5. The Tahsildar, Vizianagaram Mandal and District 6. Vizianagaram Municipal Corporation, rep. by its Commissioner, Vizianagaram ...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 an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the impugned Notice bearing R.O.C.No. 2003/2024/T.P.S. AA/ard No. dated 18.12.2024 issued by the 6th respondent U/s.406 of the A.P. Municipal Corporations Act directing the Petitioners to remove the houses situate in Town Survey Nos.811, 815 and 816 of Maharajupet, South Ward, Vizianagaram constructed by Petitioners within 15 days of receipt of the same or otherwise threatening demolition, amounts to the an order, as arbitrary, illegal, unjust, violative of Section 406 of the A.P. Municipal Corporation Act, violative of Principles Natural Justice, violative of the Fundamental Rights under Articles 14, 21 and also Article 300-A of the Constitution of of guaranteed to them India and consequently set aside the same in the interests of justice. lA NO: 1 OF 202fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the 6th respondent pursuant may be not to take any coercive steps Notice to the impugned 2003/2024/T.P.S./Ward No. dated 18.12.2024 directing the Petitioners remove the houses situate in Town Survey Nos.811, 815 and 816 of Maharajupet, South Ward, Vizianagaram, pending final disposal of the above Writ Petition. bearing R.O.C. No. to Counsel for the Petitioner: SRI SARIPALLI SUBRAHMANYAM Counsel for the RespondentNo.1: GP MUNCIPALADMN AND URBAN DEV Counsel for the Respondent Nos. 2 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI M KRISHNA RAO The Court made the following; ORDER / APHC010034822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 1873/2025 Between: ...PETITIONER(S) Duvvu Satya and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.SARIPALLI SUBRAHMANYAM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- ...to issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the impugned Notice bearing R.O.C.No. 2003/2024/T.P.S. AA/ard No. dated 18.12.2024 issued by the 6th respondent U/s.406 of the A.P. Municipal Corporations Act directing the Petitioners to remove the houses situate in Town Survey Nos.811, 815 and 816 of Maharajupet, South Ward, Vizianagaram constructed by the Petitioners within 15 days of receipt of the same or otherwise threatening demolition, amounts to an order, as arbitrary, illegal, unjust, violative of Section 406 of the A.P. Municipal Corporation Act, violative of Principles of Natural Justice, violative of the Fundamental Rights guaranteed to them under Articles 14, 21 and also Article 300-A of the Constitution of India and consequently set aside the same in the interests of Justice, and pass...” The case of the petitioners is that they are all daily wage employees and for the last 25 years the petitioners have been residing in Navabpeta, Dasannapeta, Vizianagaram town where the petitioners have constructed small houses by duly paying house tax to the concerned municipal authorities. Confirming the possession of the petitioners over the said property, the Tahsildar has also issued possession certificate in their favour in the year 2006, after duly conducting an enquiry. While the matter being so, the 6**^ respondent herein has issued impugned notice dated 18.12.2024 to all the petitioners herein directing them to remove the illegal encroachments made by them within a period of 15 days from the date of receipt of the said notice and failing to do so, the respondents would remove the same without issuing any notice. Challenging the same the present writ petition is filed. 2. 3. f 4. Heard learned counsel for the petitioners, learned Government ^ Pleader for Municipal Administration and Urban Development and Sri. M. Krishna Rao, learned Standing Counsel for respondent No.6. 5. On a perusal of the impugned notice dated 18.12.2024, it can be seen that all the petitioners herein were issued the said notice basing upon the direction issued by the Deputy Registrar to take action on the complaint filed by one Sri. Duvvu Ramaswamy. Accordingly, a joint inspection was conducted by the municipal authorities and the respondent authorities have decided to remove the encroachments. As such, the impugned notice was issued directing the petitioners to remove the encroachments if not, the Vizianagaram Municipality will remove the same without issuing any notice and thereafter they would collect the charges for such removal as per Act. 6. It can be seen that basing on a complaint raised by on Sri. Duvvu Ramaswamy, the respondents have issued the impugned notice, however, though after duly conducting a joint inspection by the municipal authorities and the revenue authorities, the same was issued without even calling for an explanation from the petitioners, which in fact is in violation of principles of natural justice. The respondents ought to have considered the fact that the petitioners have been residing in the said property for the past 25 years on the strength of the possession certificate issued by the Tahsildar in the year 2006 which admittedly was issued after duly conducting an enquiry. In such a case the respondents ought to have called for an explanation from the petitioners before initiating any action in pursuance of the impugned notice dated 18.12.2024. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioners to submit an explanation to the impugned notice dated 18.12.2025 by treating it as a show cause notice within a period of two (2) weeks from the 7. date of receipt of a copy of this order. Upon receipt of such explanation, the 6^^ respondent is directed to conduct an enquiry and thereafter the 6*'' respondent is at liberty to proceed further in accordance with law. Till such time, the respondents are directed not to interfere with the petitioners’ possession the subject property. over 8. Accordingly, with the above direction, this 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. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR Ir ^ SECTION OFFICER 1. The Principal Secretary, Municipal Administration Dept., Secretariat, Velagapudi, Amaravati, A.P. 2. The Principal Secretary, Revenue Department Secretariat, Velagapudi, Amaravati, A.P. 3. The District Collector, Vizianagaram 4. The Revenue Divisional Officer, Vizianagaram 5. The Tahsildar, Vizianagaram Mandal and District 6. The Commissioner, Viziangaram Municipal Corporation, Vizianagaram. 7. One CC to Sri Saripalli Subrahmanyam Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. One CC to Sri M Krishna Rab, Advocate [OPUC] 11. Three CD Copies //TRUE COPY// To, TF HIGH COURT DATED:24/01/2025 ORDER WP.No.1873 of 2025 {? g 18 FEB 2025 O' mi Co . Current section . DISPOSING OF THE W.P., WITHOUT COSTS