IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2877 OF 2025 Between: Pothina Siva Lingeswara Rao @ Siva, s/o late Jaganndha Rao @ Jagannadham, aged 51 yrs, business, R/o. Dr.No: 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnam-41, Smt. Pothina Sita Ratnam, w/o late Jaganndha Rao @ Jagannadham, aged 62 yrs, Housewife, R/o. Dr.No: 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnam-41, 1. 2. Pothina'Naidu, s/o late Jaganndha Rao @ Jagannadham business, R/o. Dr.No; 7-1/2 and 7-1, 3. aged 56 yrs, Madhurawada Junction, Visakhapatnam-41 Pothina Sanj'eeva Rao, s/o late Jaganndha Rao @ Jagannadham, aged 55 yrs, business, R/o. Dr.No; 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnam-41. Pothina Hanumantha Rao, s/o late Jaganndha Rao @ Jagannadham, aged 53 yrs, business, R/o. Dr.No: 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnam-41 Pothina Kasi Viswanadham, s/o late Jaganndha Rao @ Jagannadham, aged 49 yrs, business, R/o.Dr.No: 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnam-41. Pothina Jagadish Kumar, s/o late Jaganndha Rao @ Jagannadham, aged 47 yrs, business, R/o. Dr.No: 7-1/2 and 7-1, Madhurawada Junction, Visakhapatnarri.:41 4. 5. 6. 7. /M y 8. Pothina Sufesh Kumar, s/o late Jaganndha @ Jagannadham, aged 45 yrs, business R/o Dr.No; 7-1/2 and 7-1, Madhurawada Visakhapatnam-41 Rao 9* > Junction, g/Whina Seethyama Raju, s/o late Jaganndha @ Jagannadham, aged 42 yrs, business, (Al? t.V — 'Madhurawada Junction, Visakhapatnam-41 ..Petitioner/s Rao AND Corporation. Represented by its Commissioner' Visakhapatnam. ..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 be pleased to issue a WRIT OF MANDAMUS may or any other appropriate Writ or order or direction to declare the action of the respondent/GVMC in contemplating to demolish the building bearing door Nos.7-1/2 and 7-1, covered by assessment Nos. 100008 77147 (Old No. 1086020561), constructed in an extent of 548.544 Sq.mts by making markings without giving any notice or opportunity and without following the procedure established by law, as illegal, arbitrary, unconstitutional and violative of principles of natural justice and contrary to the Pradesh provisions of the Andhra Corporation Act and consequently, command the respondent not to interfere with our peaceful possession of the subject property including demolition, in any manner, in the interest Of justice. - Greater Visakhapatnam Municipal >c:_. .. - Greater Visakhapatnam Municipal >c:_. .. lA NO: 1 OF 2025 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 not to demolish the building bearing door Nos.7- 1/2 and 7-1, covered by assessment Nos.100008 77147 (Old No. 1086020561), constructed in an extent of 548.544 Sq.mts by making markings without giving any notice or opportunity and without following the procedure established by law in the interest of justice. Counsel for the Petitioners: SRI V.V.SAKETH ROY . Counsel for the Respondents: SRI A.S.C.BOSE, SC FOR MUNICIPAL & MUNICIPAL CORPORATIONS V,-"" The Court made the following: ORDER APHC010054302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2877/2025 Between: Pothina Siva Lingeswara Rao @ Siva, and Others ...PETITIONER{S) AND The Greater Visakhapatnani Muhiciipai Corporation Counsel for the Petitioner(S): ...RESPONDENT 1.VVSAKETH ROY Counsel for the Respondent: 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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 a Writ of Mandamus or any other appropriate Writ or order or direction to declare the action of the respondent/GVMC In contemplating to demolish the building bearing door Nos 7-1/2 and 7-1, covered by assessment Nos 100008 77147 (Old No. 1086020561), constructed in an extent of 548.544 Sq.mts by making markings without giving any notice or opportunity and without following the procedure established by law, as illegal, arbitrary, unconstitutional and violative of principles of natural justice and contrary to the provisions of the Andhra Pradesh, Greater Visakhapatnam Municipal Corporation Act and consequently, command the respondent not to interfere with our peaceful possession of the subject property Including demolition, in any manner, in the interest of justice...” The petitioners herein are all related to each other and the late father of the petitioner had acquired a land to an extent of Acs.0.22 cents vide deeds No.1569/1980, dated 26.03.1980 and 2. two separate sale No.8028/1988, dated 11.11.1988. After obtaining necessary permissions from Gram Panchayat of Madhurawada, the late father of the 1®* petitioner has built a building in an extent of 92.68 square meters at the south east corner of the subject land purchased in the year 1980 and after obtaining another approval 29.04.1986, the late father of the petitioner has constructed a rice mill; the said buildings were assessed to the property tax vide assessment No.10000877147 and door Nos.7-1/2 and 7-1. on While so, in the year 2002, the National Highway Authority of India (NHAl) has acquired the land of the petitioners to an extent of 141.64 meters for the purpose of widening and formation of NH-5; 3. square accordingly, an award dated 05.09.2022 was passed by the competent authority awarding compensation. Subsequent to the said acquisition, the petitioners are left with an extent of 18^^^ cents/748.66 square meters of land, wherein the building bearing door Nos.7-1/2 and 7-1 is existing in an area of 548.544 square meters. While the matter stood thus, vide notice dated 10.10.2018, the respondents have requested the petitioners to handover an extent of 155.88 square meters of the land towards the northern side of the subject property for the purpose of widening of the existing road from NH-16 to Bakkannapalem. After negotiations, the respondent authorities vide another notice dated 12.11.2020 have requested the petitioners to handover the said site by executing a registered gift deed as per G.O.Ms.No.119 MA, dated 28.03.2017. Later, a registered gift deed dated 09.02.2023 executed by the petitioners in favour of GVMC vide document No. 1089/2023. was 4. While the matter stood thus, the respondent officials visited the building of the petitioners for marking the proposed widening of the road and have made the said markings beyond the structural columns of the building bearing door Nos.7-1/2 and 7-1. The main grievance of the petitioners is that the respondent officials have not issued any notice seeking further property beyond what was settled vide gift deed settlement deed dated 09.02.2023. Aggrieved by the action of the respondent authorities in contemplating to demolish the building bearing door Nos.7-1/2 and 7-1 covered by assessment Nos. 10000877147, in an extent of 548.544 square meters by making markings without issuing any notice and without following the due process contemplated under law, the present writ petition is filed. 5. Heard learned counsel for the petitioners and Sri. A.S.C. Bose learned Standing Counsel. 6. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the Assistant City Planner, GVMC, Visakhapatnam, wherein it is stated that the petitioners vide gift deed document No. 1089/2023, dated 09.02.2023 have gifted the area of 155.88 square meters which also included the existing structure registered in favour of GVMC. The respondent corporation has also issued TDR NO.1086/00073/TDR/MVW/2023, dated 11.04.2023 to an extent of 155.88 square meters which was surrendered for the road widening. Thereafter, the respondent corporation has verified and marked the site area of only 155.88 square meters which is affected by the 80 feet master plan road. It is further stated that 98% of properties affected in widening of the said road is acquired by the GVMC and as on date, 90% of the road is formed on the ground by the VUDA department. The property in question has to be removed as it is at the junction block of the road connecting NH-16. It is further stated that the respondent authorities are ready to pay Rs. 10,30,550/- towards structural compensation. Hence, requested to dismiss the writ petition. 7. On a perusal of the material available on record, it can be understood that the petitioners gave their consent letter dated 08.07.2021 with certain requisitions and after verification of records, the respondents have addressed a letter to the Sub-Registrar, Madhurawada vide letter dated 07.02.2023 requesting to register the affected area of 155.88 square meters of GVMC. Accordingly, the petitioners, vide gift deed dated in favour 09.02.2023 have registered the affected area of 155.88 square meters in TDR also obtained have GVMC. They of favour NO.1086/00073/TDR/MVW/2023, dated 11.04.2023 to the said extent which was surrendered for the road widening. It can also be understood that the road which is proposed to be 8. laid near the petitioners’ property is an important one and that 90% of the said already laid down by VUDA department. It is the case of the road was petitioners that even after obtaining the said extent of 155.88 square meters from the petitioners vide the gift deed dated 09.02.2023, the respondent authorities are taking measurements and are marking beyond the structural columns of the petitioners’ property i.e. in the existing area of 548.44 square meters. In view of the instructions submitted by learned Standing Counsel, it can be understood that the respondent corporation has verified and marked the site area of only 155.88 square meters which in fact was gifted in favour of GVMC by the petitioners vide registered gift deed dated 09.02.2023. 9. In view of the same, this writ petition is disposed of by directing the respondents not to interfere with the petitioners’ schedule beyond the extent of 155.88 square meters which was already gifted by the petitioner vide registered gift deed document No. 1089 of 2023, dated 09.02.2023. property 10. Accordingly, with the above direction, this writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// v/ SECTION OFFICER To, 1. The Commissioner, Greater Visakhapatnam Municipal Corporation Visakhapatnam. (BY RPAD) ^ 2. One CC to Sri V.V.Saketh Roy, Advocate [OPUC] 3. One CC to Sri A.S.C.Bose, SC [OPUC] 4. Three CD Copies. ^ I ^S^or Municipal & Municipal Corporations. gi HIGH COURT DATED:06/02/2025 ORDER WP.No.2877 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS