APHC010520532025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: Between: 1. POLAVARAPU APPA RAO, S/O APPALASWAMY, AGED ABOUT 65 YEARS, C/O H.NO.18 TEMPLE, NADUPURU, VTC PO.PEDAGANTYADA, VISAKHAPATNAM VISAKHAPATNAM DISTRICT. 1. THE STATE OF AP, REP BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 3. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE 4. THE TASHILDAR, PEDAGNATADA MANDAL, VISAKHAPATNAM DISTRICT. 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 an appropriate writ, order or direction preferable a Writ in the nature of a Mandamus declaring the action of the respondents particularly the 3 and 4th respondents trying to an illegal demolition and IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26729/2025 POLAVARAPU APPA RAO, S/O APPALASWAMY, AGED ABOUT 65 YEARS, C/O H.NO.18-25-47,BARMA COLONY, NEAR DURGMA TEMPLE, NADUPURU, VTC- NADUPURU (PART)(RURAL), PO.PEDAGANTYADA, VISAKHAPATNAM VISAKHAPATNAM ...PETITIONER AND THE STATE OF AP, REP BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-V, VISAKHAPATNAM DISTRICT. THE TASHILDAR, PEDAGNATADA MANDAL, 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 may be pleased topleased to issue an appropriate writ, order or direction preferable a a Mandamus declaring the action of the respondents particularly the 3 and 4th respondents trying to an illegal demolition and IN THE HIGH COURT OF ANDHRA PRADESH [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE SRI JUSTICE HARINATH.N POLAVARAPU APPA RAO, S/O APPALASWAMY, AGED ABOUT 65 47,BARMA COLONY, NEAR DURGMA NADUPURU (PART)(RURAL), PO.PEDAGANTYADA, VISAKHAPATNAM VISAKHAPATNAM ...PETITIONER THE STATE OF AP, REP BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM V, VISAKHAPATNAM DISTRICT. THE TASHILDAR, PEDAGNATADA MANDAL, 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 may be pleased topleased to issue an appropriate writ, order or direction preferable a a Mandamus declaring the action of the respondents particularly the 3 and 4th respondents trying to an illegal demolition and 2 dispossession of Shed in an extent of 80 Sq.yds of the petitioner situated in Sy.No.89,90, bounded by East the land of Gadda Gattu, West Plot No. 134, North other Plots, South other plot, Barma Colony, 52nd Ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law as illegal arbitrary, Ultravires and violation of Article 14, 300A of Constitution of India and consequently direct the respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 60 Sq.yds of the petitioner situated in Sy.No,89,90, bounded by East the land of Gadda, West Plot No. 153, North CC Road, South the road, Barma Colony, 52nd Ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. And pass IA 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 pleased to direct the respondents not to interfere in any manner or dispossess or illegally demolish the Shed in an extent of 80 Sq.yds of the petitioner situated in Sy.No.89,90, bounded by East: the land of Gadda Gattu, West: Plot No. 134, North: other Plots, South: other plot, Barma Colony, 52^^^ Ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law, pending disposal of the above writ petition, and pass Counsel for the Petitioner: 1. P NANILU NAIDU Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No. 26729 of 2025 ORDER: The petitioner is aggrieved by the unilateral and arbitrary action of respondent Nos.3 and 4 in trying to dispossess the petitioner. 2. It is submitted that the petitioner was granted a house site under the scheme for grant of house sites to the landless poor, and the house site patta was sanctioned and also granted possession certificate in favour of petitioner on 12.10.2017. The petitioner has been residing in the said property after constructing a small shed. It is now submitted that respondent Nos.3 and 4 are trying to demolish the said shed and dispossess the petitioner without issuing any show-cause notice or following the due process of law. 3. The learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the land allegedly claimed by the petitioner was acquired for the purpose of establishing a steel plant, and as per the records, the land vests with the Special Deputy Collector for Land Acquisition of the steel plant. It is further submitted that the land of the petitioner is included in the prohibited land register of Pedagantyada Mandal. The Town Planning Officer of the 2nd respondent has submitted written instructions to the learned Standing Counsel, duly informing that there has been no attempt on the part of the 2nd respondent to disturb the possession or enjoyment of the petitioner. 4. Recording the submissions of the learned counsel for the petitioner and the learned Standing Counsel for respondent Nos.2 and 3, there shall be a 4 direction to the respondents not to disturb the peaceful possession and enjoyment of the petitioner over the property to an extent of 80 square yards situated in Sy.No.89, 90, bounded by East : the land of Gadda Gattu, West : Plot NNo.134, North : other plots, South : other plot, Barma Colony, 52nd ward, Zone-V, Visakhapatnam, Visakhapatnam District, without following due process of law. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 5 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.26729 of 2025 Dated 24.09.2025 KGM