APHC010077312019 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: 3411/2019 Between: 1. L PADMAVATHI, W/O. VENKATESWARA RAO, AGED 39 YEARS, R/O. CHODIDIBBA, 49/E DIVISION, ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT OF A.P., MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI - 522 003, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE ELURU MUNICIPAL CORPORATION, ELURU - 534 001, WEST GODAVARI DISTRICT REP. BY ITS COMMISSIONER. 3. THE ASSISTANT CITY PLANNER, ELURU MUNICIPAL CORPORATION, ELURU - 534 001, WEST GODAVARI DISTRICT. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU - 534 001. ...RESPONDENT(S): -2- HN, J W.P.No.3411_2019 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 declaring the action of the respondents 2 and 3 in issuing a Notice UC No. 1/2019/TPS dated 12-03-2019 under Sec. 636 of 1-fMC Act, for demolition of the building being constructed by the petitioner under NTR Urban Housing Program is illegal, Arbitrary, Highhanded and violative of provisions of HMC Act 1955 and rules made thereunder and also violative of Art. 21 and 300A of Constitution of India and consequently direct the respondents not to interfere with the construction activity being carried out by the petitioner in the land admeasuring 61.70 Sq. yds., in R.S. No. 1246 in Ward No. 49/E Division, Chodidibba, Eluru, West Godavari District. IA NO: 1 OF 2019 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 suspend the notice dated 12-03-2019 issued by the 2"d and 3rd Respondents under Sec. 636 of HMC Act while granting stay of demolition of the residential structures raised by the petitioner on the land admeasuring 61.70 Sq. yds., in R.S. No. 1246 in Ward No. 49/E Division, Chodidibba, Eluru, West Godavari District, pending disposal of writ petition Counsel for the Petitioner: 1. Y V ANIL KUMAR Counsel for the Respondent(S): 1. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 2. GP FOR MUNCIPAL ADMN URBAN DEV -3- HN, J W.P.No.3411_2019 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.3411 OF 2019 ORDER: 1. The petitioner has filed the present writ petition aggrieved by the proposal of the respondent to demolish the petitioner’s building without issuing any notice. This Court, vide order dated 13.03.2019, suspended the notice dated 12.03.2019 issued by the 2nd and 3rd respondents under Section 636 of the HMC Act and to maintain status quo with regard to the possession of the petitioner. 2. The learned Standing counsel appearing for the respondents submits that the petitioner has completed the construction by encroaching upon a portion of the road margin by virtue of the interim direction issued by this Court. It is also submitted that the petitioner has been residing there along with his family ever since. 3. It is further submitted that the respondent authorities have issued notices under Sections 452 and 461 of the Andhra Pradesh Municipal Corporation Act, 1955, and have passed subsequent demolition orders under Section 636 of said Act. 4. Considering the submission that the petitioner has completed the construction, the respondents are required to issue fresh notices and follow due process of law prior to initiating any further action. -4- HN, J W.P.No.3411_2019 5. Recording the above submission, the present writ petition is disposed off. 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 -5- HN, J W.P.No.3411_2019 388 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3411 of 2019 Date: 24.09.2025 NKA