APHC010559032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28816/2025 Between: 1. GHANTA NAGESWARA RAO, S/O AMMAIAH, AGED ABOUT 52 YEARS, RESIDENT OF D.NO. 8-7-32, 4/1 CROSS ROAD, NEHRU NAGAR, KOTHAPET, GUNTUR, ANDHRA PRADESH- 522 001 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECTRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 2. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR, ANDHRA PRADESH. 3. ASSISTANT CITY PLANNER, WARD NO.6, GUNTUR MUNICIPAL BUILDING, GUNTUR, ANDHRA PRADESH. ...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 to issue appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to demolish the building bearing D.No. 15 admeasuring 234-1/2 Sq.yards situated in Rajendhra Nagar, Main Road, Guntur City, Andhra Pradesh is -2- HN, J W.P.No._28816_2025 arbitrary, illegal, and contrary to the provisions of Article 300-A of the Constitution of India, and in clear violation of well settled principles of natural justice and consequently direct the respondents not to demolish the said building without following due process of law and pass such other order or orders may deem fit and proper in the circumstances of the case, and to pass such 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 stay all further proceedings including demolishion of building bearing D.No. 15 admeasuring 234-1/2 Sq.yards situated in Rajendhra Nagar, Main Road, Guntur City, Andhra Pradesh pending disposal of the above writ petition and pass such other order or orders may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1. GHANTA SRIDHAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV -3- HN, J W.P.No._28816_2025 ORDER 1. The petitioner is aggrieved by the action of respondent Nos.2 and 3 in marking the petitioner’s property for the purpose of road widening/construction of a drainage facility for public purposes. It is submitted that the respondent authorities have not issued any notice, nor have they called upon the petitioner for surrender any land belonging to the petitioner for public purposes. It is further submitted that recently, the personnel from the office of 2nd respondent have marked an area indicating demolition up to 10 feet for the purpose of road widening/public purpose. 2. The learned Standing counsel appearing for the 2nd respondent submits that the 2nd respondent is in the process of removing the encroachers over drains and ramps constructed over the drains, which are causing obstruction to the construction of the stormwater drain. 3. The learned Standing counsel further submits that the 2nd respondent shall follow the due process of law in the event of any proposal to acquire or utilize the land of the petitioner. 4. The learned Senior counsel appearing for the petitioner submits that the petitioner has not encroached upon any public property and has constructed strictly within the boundaries of the petitioner’s property. It is further submitted that the petitioner has not encroached upon any drain -4- HN, J W.P.No._28816_2025 5. Recording the submissions of the learned Standing counsel appearing for the 2nd respondent, the Writ Petition is disposed off, making it clear that the 3rd respondent shall not dispossess or demolish the petitioner’s property without 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:16.10.2025 NKA -5- HN, J W.P.No._28816_2025 194 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.28816 of 2025 Date: 16.10.2025 NKA