APHC010707062018 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: 34073/2018 Between: 1. SMT. LAKSHMIPATHULA PADMAVATHI, W/O. VENKATESWARA RAO, AGED 39 YEARS, R/O. CHODIDIBBA, 49/E DIVISION, ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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.34073_2018 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 toto issue Writ, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of the respondents in demolishing the petitioners building without any notice and due process and without following the procedure contemplated under the Hyderabad Municipal Corporation Act is illegal, arbitrary, highhanded and violation of provisions of H.M.C. Act and also violation of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India and consequentially direct the respondents 2 and 3 not to initiate any further action for demolishing the petitioners residential house situated in land admeasuring 61.70 sq. yards in R.S.No.1246, Ward No.49/E Division, Chodidibba, Eluru, West Godavari District and pass IA NO: 1 OF 2018 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 respondents 2 and 3 not to initiate any further action for demolishing the petitioner's residential house situated in land admeasuring 61.70 sq. yards in R.S.No.1246, Ward No.49/E Division, Chodidibba, Eluru, West Godavari District, pending disposal of writ petition and pass Counsel for the Petitioner: 1. Y V ANIL KUMAR Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. ANCHA PANDURANGA RAO -3- HN, J W.P.No.34073_2018 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.34073 OF 2018 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 20.09.2018, directed status quo to be maintained with regard to the possession of the petitioner; however, it was left open to the authorities to proceed further in accordance with law. 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. These orders were issued in the year 2019. -4- HN, J W.P.No.34073_2018 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. 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.34073_2018 372 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34073 of 2018 Date: 24.09.2025 NKA