1 HN, J W.P.No.23952_2024 APHC010435992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23952/2024 Between: 1. PATHALAPALLI VARALAKSHMI, W/O NAGA RAJU (LATE) AGED ABOUT 39 OCC. DAILY WAGE LABOUR R/O 3-16C-3/15, KOTHAKAKINADA, KAKINADA(URBAN), KAKINADA DISTRICT ANDHRA PRADESH. CAUSE TITLE IS AMENDED AS PER THE COURT'S ORDER DT.23.07.2025 IN I.A.NO. 02 OF 2025. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,MUNCIPAL DEPARTMENT SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT ANDHRA PRADESH. 2. THE SPECIAL OFFICER CUM DISTRICT COLLECTOR AND MAGISTRATE, KAKINADA DISTRICT KAKINADA. 3. KAKINADA MUNCIPAL CORPORATION, REP BY ITS COMMISSIONER KAKINADA.KAKINADA DISTRICT 4. THE TAHSILDAR, KAKINADA URBAN, MANDAL REVENUE OFFICE, KAKINADA,KAKINADA DISTRICT. 5. THE SUPERINTENDENT OF POLICE, KAKINADA CITY KAKINADA DISTRICT. 6. DUPTY CITY TOWN PLANING OFFICER, KAKINADA MUNCIPAL CORPORATION KAKINADA, KAKINADA DISTRICT 7. CHIKOTI APPALAKONDA, S/O CHIKOTI VEERA RAJU AGED 60 YEARS OCC. POLTICALS EX- CORPRATOR, NEAR BALAJI SCHOOL 7TH WARD SANTHI NAGAR, KAKINADA. 8. THE ASSISTANT EXECUTIVE ENGINEER, APEPDCL OPERATION SECTION, D3- KAKINADA, KAKINADA DISTRICT, A.P. R8 IS IMPLEADED AS PER THE COURT'S ORDER DT.23.07.2025 IN I.A.NO. 01 OF 2025. ...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 tomay be pleased It is also just and necessary that this Honble Court may be pleased Direct the direct the Respondents Not to disposses the Petitioner from his Lawful Posession of House Door No. 3-6c-6/6a 2 HN, J W.P.No.23952_2024 Kothakakinada, Kakinada(Urban), without Notice, and without Enquiry by the respondents pending disposal of the above writ petition and pass IA NO: 1 OF 2024 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 may be pleased Direct the direct the Respondents Not to disposses the Petitioner from his Lawful Posession of House Door No. 3-6c-6/6a Kothakakinada, Kakinada(Urban), without Notice, and without Enquiry by the respondents pending disposal of the above writ petition 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 may be pleased to permit the petitioner to implead theAsst. Executive Engineer, Operation Section, D3-Kakinada as Respondent No.8 in the above Writ Petition and pass IA NO: 2 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 may be pleased to permit the petitioner to amend the main Writ Petition by correcting the Door Number as 83-16C-3/159 in place of 83-6c-6/6a9 in the cause title, all the pleadings and prayer of the writ petitionand pass IA NO: 3 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 may be pleased to direct the Respondent No.8 - Asst. Executive Engineer, Operation Section, D3-Kakinada not to disconnect the power supply of my house vide Service No. 1454423303052937 until disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. NAMBURI SREEMANNARAYANA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. Modalavalasa Krishna RaoSC for skl vzm kkd Municipal Corporations 4. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.23952_2024 ORDER: 1. The petitioner is aggrieved by the action of the respondent authorities in attempting to dispossess the petitioner from the residential house, which had been duly certified by the Tahsildar, Kakinada (Urban). 2. It is submitted that the petitioner has been residing in a house constructed over an extent of 40 square yards, and that the respondents, under the guise of road-widening, have been threatening to dispossess the petitioner without issuing any notice. 3. It is further submitted that the petitioner was allotted alternative land when his earlier property was acquired for road-widening, and that he has been residing therein ever since, after constructing a room over the said 40 square yards of land. 4. It is also submitted that the 8th respondent is presently taking steps to disconnect the petitioner9s electricity supply. 5. The learned Standing counsel appearing for the 3rd respondent submits that there is no interference from the Municipality, and that any subsequent requirement of the petitioner9s property for the purpose of road-widening shall be undertaken strictly in accordance with law. 4 HN, J W.P.No.23952_2024 6. Recording the said submission, the Writ Petition stands disposed off, making it clear that the petitioner shall not be dispossessed except by following due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:19.11.2025 NKA 5 HN, J W.P.No.23952_2024 23 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23952 of 2024 Date: 19.11.2025 NKA