APHC010004832023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 293/2023 Between: 1. SHAIK ABDUL NABI @ KHAJA PEER, S/O. SHAIK ABDUL SATTAR, AGCD ABOUT 71 YEARS, R/O. D.NO.20-8-57, MECLENCE ROAD, KOTA MITTA, NELLORE CITY, SPSR NELLORE DISTRICT. 2. SHAIK FAYAZ AHMED, S/O. SHAIK ABDUL NABI @ KHAJA PEER, AGED ABOUT 43 YEARS, R/O. D.NO.20-8-57, MECLENCE ROAD, KOTA MITTA, NELLORE CITY, SPSR NELLORE DISTRICT. 3. SHAIK RIZWANA, W/O. SHAIK MOHAMMAD SALEEM, AGED ABOUT 45 YEARS, R/O. D.NO.20-8-57, MECLENCE ROAD, KOTA MITTA, NELLORE CITY, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. 3. THE CITY PLANNER TOWN PLANNING OFFICER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE -2- HN, J W.P.No.293_2023 DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in trying to demolish the petitioners houses bearing Door Nos. 20-8-57, 20-8-57 and 20-8-57/1, without following due procedure of law as illegal, arbitrary, violation of Article 300-A of Constitution of India and also in contravention of provisions of GHMC Act, 1955 and consequently direct the respondents not to demolish the petitioners houses bearing Door No.20-8-57, 20-8-57 and 20- 8-57/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City, SPSR Nellore District and pass IA NO: 1 OF 2023 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 pleased to direct the respondents not to demolish the petitioners houses bearing Door No.20-8-57, 20-8-57 and 20-8-57/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) -3- HN, J W.P.No.293_2023 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.293 OF 2023 ORDER: 1. The petitioners are aggrieved by the action of the respondents in trying to demolish the petitioners’ houses bearing Nos.20-8-57, 20-8- 57 and 20-8-57/1, without following due procedure of law. 2. This Court, on 04.01.2023, directed the petitioners shall not to dispossessed from the subject property, nor shall the same be utilized for any public purpose, except by following the due process of law. 3. The learned Standing counsel appearing for the respondent corporation placed written instructions on record and submits that the respondents authorities will examine the petitioners representation and follow due process in accordance with law. 4. Taking into consideration the representation dated 12.12.2022 submitted by the petitioners, no further action shall be initiated by the respondents against the petitioners till then. 5. Recording the same, the present writ petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Dt.24.09.2025 NKA -4- HN, J W.P.No.293_2023 348 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 293 of 2023 Date: 24.09.2025 NKA