IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2175 OF 2025 Between: 1. Shaik Mahammad, S/o. Nagul Meera, Aged about 43 years, Occ: Buisiness, R/o. H. No. 11-66, Seeta Rama Kovela Street, Old Mangalagiri, Mangalagiri Mandal, Guntur District, Andhra Pradesh - 522503. 2. Shaik Nagul Sharief, S/o. Khalila, Aged about 29 years, Occ; Buisiness, R/o. H. No. 11-66, Seeta Rama Kovela Street, Old Mangalagiri, Mangalagiri, Mangalagiri Mandal, Guntur District, Andhra Pradesh - 522503. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. 2. The Mangalagiri Tadepalli Municipal Corporation, Rep. by its commissioner, Tadepalli, Mangalagiri Mandal, Guntur District, A.P. 3. The Commissioner, The Mangalagiri Tadepalli Municipal Corporation, Tadepalli Mangalagiri Mandal, Guntur District, A.P. 4. The Station House Officer, Mangalagiri Police Station, Mangalagiri, Guntur District. ...RESPONDENTS 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 to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2, 3 and 4 herein in trying to interfere with the peaceful possession and enjoyment with respect to the open land plots extent 290 Sq. Yds. and 160 Sq. Yds. in D.No.258/B with the municipal Door No.7-544 and property tax assessment 1023047370 and 1023047371 respectively situated at Mangalagiri, Mangalagiri Tadepalli Municipal Corporation, Guntur District owned by the petitioners as illegal, arbitrary and against all the canons of law and consequently direct the respondents to follow the due process of law by considering the explanation of the petitioners Dt.04.11.2024 submitted in pursuance to the proceedings issued though R.O.C. No. 1930/2024/A1, Dt. .10.2024 by the 2nd respondent by passing appropriate orders. 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 respondents not to interfere with the peaceful possession and enjoyment of the open land plots extent 290 Sq. Yds. and 160 Sq. Yds. in D.No.258/B with the municipal Door No.7-544 and property tax assessment 1023047370 and 1023047371 respectively situated at Mangalagiri, Mangalagiri Tadepalli Municipal Corporation, Guntur District owned by the petitioners and to consider their explanation dt. 04.11.2024 submitted in pursuance to the proceedings Roc. No. 1930/2024/A1, Dt. 10.2024 issued by the 2nd respondent and to pass appropriate orders pending the main writ petition. Counsel for the Petitioner: SRI DTARAKA PRASAD Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) ► Counsel for the Respondent No.4: GP FOR HOME The Court made the following: ORDER T APHC010038552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No. 2175 of 2025 Between: Shaik Mahammad and another ...PETITIONERS AND The State of Andhra Pradesh and others Counsel for the Petitioners: 1.D. TARAKA PRASAD Counsel for the Respondent: 1. OP FOR MUNICIPAL ADMN. & URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL. The Court made the following: ...RESPONDENTS 2 VS,J W.P.No.2175 of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “..to issue any writ, order or direction more particuiarly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2, 3 and 4 herein in trying to interfere with the peaceful possession and enjoyment with respect to the open land plots extent 290 Sq. Yds. and 160 Sq. Yds. in D.No.258/B with the municipal Door No. 7-544 and property tax assessment 1023047370 and 1023047371 respectively situated at Mangalagiri, Mangalagiri Tadepalli Municipal Corporation, Guntur District owned by the petitioners as illegal, arbitrary and against all the canons of law and consequently direct the respondents to follow the due process of law by considering the explanation of the petitioners Dt.04.11.2024 submitted in pursuance to the proceedings issued through R.O.C.No.1930/2024/A1, Dt.. 10.2024 by the respondent by passing appropriate orders..” Heard learned counsel for the petitioners, learned Government 2. Pleader for Municipal Administration & Urban Development representing respondent No.1 and learned Standing Counsel representing respondent Nos.2 and 3. The petitioners claim to be the owners of open plots admeasuring 3. 290 square yards and 160 square yards respectively, in D.No.258/B (Municipal Door No.7-544) situated at Mangalagiri, Guntur District, having acquired the same through registered sale deeds dated 23.05.2022 from their lawful owners. It is the case of the petitioners 3 vs, j W.P.No.2175 of 2025 that they have been in peaceful possession and enjoyment of their respective plots ever since the date of purchase and that their plots >! have been assessed to property tax with Assessment Nos. 1023047370 and 1023047371 respectively and taxes are being paid from time to time without fail. 4. While the matter stood thus, upon a representation made by one Potiuri Bhaskara Murthy against the property tax assessment effected in the name of the petitioners, the 2^'* respondent-Corporation has issued a Notice bearing ROC.No.1930/2024/A1 in the month of October, 2024, calling upon the petitioners to submit an explanation as to why the property tax assessment made in their names should not be cancelled. In pursuance of the said notice, the petitioners have submitted their explanation on 04.11.2024, stating that the properties owned by them are different from the property claimed by the said third party applicant. It is the grievance of the petitioners that the 2^^ respondent- Corporation, without considering the explanation submitted by them and 5. without passing any orders, have called them on 20.01.2025 for conducting survey of the subject properties, so as to change the boundary stones of the properties, with the help of respondent No.4 and at the behest of the third party applicant. As such, the present writ petition is filed. 4 VS,J W.P.No.2175 of 2025 During the course of hearing, Mr. A.S.C. Bose, learned Standing Counsel representing respondent Nos.2 and 3, on oral instructions, submits that the Corporation has never called the petitioners for survey and that they have never interfered with the possession of the 6. petitioners over the subject properties. In the facts and circumstances of the case and in view of the fact 7. that the petitioners have already submitted their explanation on 04.11.2024 to the notice issued by the 2'^^ respondent-Corporation, this Court deems it appropriate to dispose of the writ petition at the admission stage, directing the 2'^^ respondent-Corporation to consider the explanation submitted by the petitioners on 04.11.2024 pursuant to the notice bearing ROC.No.1930/2024/A1 and pass appropriate orders in accordance with law, after duly conducting an enquiry. Till such time, the respondents are directed not to interfere with the possession of the petitioners over the subject properties. With the above directions, the Writ Petition is disposed of. No 8. order as to costs. Interlocutory applications pending, if any, in this writ petition shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District, A.P. Mangalagiri Tadepalli Municipal Corporation, Rep. by its Tadepalli, Mangalagiri Mandal, Guntur District, A.P. 2. The commissioner. 3. The Commissioner, The Mangalagiri Tadepalli Municipal Corporation Tadepalli Mangalagiri Mandal, Guntur District, A.P. 4. The Station House Officer, Mangalagiri Police Station, Mangalagiri Guntur District. » a . 5. One CC to Sri D Taraka Prasad Advocate [OPUC] Muncipal Admn Urban Dev, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] ^ [?)^PUC]^ A S C Bose, SC for Muncipal Corporations, Advocate 9. Three CD Copies TF w Vi. HIGH COURT DATED:30/01/2025 ORDER WP.No.2175 of 2025 o t ’m:} ^ Currenj ovcuon . yf- DISPOSING OF THE W.P., WITHOUT COSTS