APHC010523452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26937/2025 Between: 1. SEREDDY PRAVEEN REDDY, S/O SEREDDY CHENCHI REDDY, AGED ABOUT 28 YEARS BEING, REP. BY GPA HOLDER SEREDDY CHENCHI REDDY S/O SEREDDY VENKATA REDDY, AGED ABOUT 47 YEARS R/O DOOR NO.2-14-121/N, 6TH LANE SYAMALA NAGAR GUNTUR, GUNTUR DISTRICT, A.P ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH 2. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR ...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, order or direction more particularly one in the nature of mandamus declaring the action of 2nd respodnent in issuing impugned notice Roc. No. 324974/2021/G1-1 (undated) and threatening to demolish a portion of the property in Door no.25-16-105, Ramachandrapura Agraharam, Guntur, Guntur District as illegal, arbitrary and violative of principles of natural justice besides violation of Article 14 and 300A of The Constitution of India and consequently to set aside the same and pass 2 HN, J W.P.No.26937_2025 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 grant stay of all further proceedings in pursuant to impugned proceedings vide Roc. No. 324974/2021/G1-1 (undated) pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. ALAPATI LALITH NIKHIL Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.26937_2025 ORDER:- 1. The learned counsel for the petitioner submits that the respondent authorities have unilaterally conducted a survey without taking into consideration the documents submitted by the petitioner. 2. It is submitted that though the petitioner was available when the survey was conducted, the impugned notice dated 18.09.2025 does not refer to any of the documents submitted by the petitioner. That apart, the impugned notice determines that the petitioner had encroached to an extent of 14 feet 6 inches towards the northern side of the petitioner’s property by encroaching upon the pubic road, and 16 feet 6 inches towards western side, also encroaching into the public road. It is submitted that such a finding could not have been arrived at without considering the documents submitted by the petitioner. 3. The learned Standing counsel appearing for the 2nd respondent submits that the land claimed by the petitioner abuts a stormwater drain, and on account of encroachment flooding occurs during rains. As such, steps are required to be taken for removal of the encroachment. 4. Considering the submissions of the learned counsel for the petitioner and also of the learned Standing counsel for the 2nd respondent, this Court notes that the impugned notice grants three days’ time to the petitioner for removal of the alleged encroachment. The 2nd respondent shall furnish a copy of the survey report to the petitioner, and a fresh survey shall be conducted by the 2nd respondent, duly determining the 4 HN, J W.P.No.26937_2025 extent of land which the petitioner is in possession of, as compared to the title documents of the petitioner. The clarification on the encroachment over the drain, as determined in the fresh survey, which shall be furnished to the petitioner within a period of ten days from the date of service of the copy of the report. The impugned notice is hereby set aside. It is made clear that the authorities concerned shall take necessary steps in removal of the encroachment over the storm water drain after conducting the fresh survey in pursuance of the petitioner on his representation. 5. Accordingly, the 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 25.09.2025 NKA 5 HN, J W.P.No.26937_2025 253 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26937 of 2025 Date: 25.09.2025 NKA