IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9055 OF 2025 Between: 1. Vasamsetti Venkata Rao, S/o Late Veerraju, Aged about 84 years, R/o 69-5-18, Gaigolupadu, Kakinada, East Godavari, Andhra Pradesh- 533003 2. Vasamsetti Srinivas, S/o Vasamsetti Venkata Rao Aged about 45 years, R/o 69-5-18, Gaigolupadu, Kakinada, East Godavari, Andhra Pradesh- 533003 3. V. Satyanarayana, S/o Vasamsetti Venkata Rao Aged about 39 years, R/o 69-5-18, Gaigolupadu, Kakinada, East Godavari, Andhra Pradesh- 533003. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Municipal Administration and Urban Development, Secretariat, Amaravati, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Amaravati, Velagapudi, Guntur District. Kakinada Municipal Corporation, Represented by its Commissioner, Kakinada, East Godavari District. 4. The District Collector, Kakinada, East Godavari District 5. The Revenue Divisional Officer, Kakinada, East Godavari District 6. The Tahsildar, Kakinada, East Godavari District 3. The ^55 7. V.S. Raju Colony Welfare Association, being represented by its ■■ Secretary S. Phakeerraju, Age 64 years, R/o 69-3-72, V.S Raju Colony, Gaigollupadu Junction, Kakinada. ...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 an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of respondent no.3 in issuing notice dated 28.02.2025, as arbitrary, illegal, null and void, against norms of public policy and principles of natural justice and in violation of the fundamental rights guaranteed under the Constitution and the same is without jurisdiction and to issue consequential direction to the respondent authorities to follow the due process of law before evicting the petitioners from their property bearing Door.No. 69-5-18 and 69-5-18/1, Sarvapuram Road, Gaigolupadu, Kakinada in Municipal Layout open space of LP no. 540/1983. 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 stay of all further proceedings pursuant to the notice dated 28.02.2025 issued by Respondent No. 3, by restraining the Respondent authorities from taking any further steps to demolish/evict the Petitioners from the property bearing Door. No. 69-5-18 and 69-5-18/1, Sarvapuram road, Gaigolupadu, Kakinada in Municipal Layout open space of LP 540/1983, pending disposal of the above writ petition. no. Counsel for the Petitioner; SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2, 4 To 6: GP FOR REVENUE Counsel for the Respondent No.3: SRI M KRISHNA RAO (SC FOR MUNICIPAL CORPORATION) The Court made the following: ORDER APHC010165122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BSB [3460] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9055/2025 Between: 1.VASAMSETTI VENKATA RAO, S/0 LATE VEERRAJU, AGED ABOUT 84 YEARS, R/0 69-5-18, GAIGOLUPADU, KAKINADA, EAST GODAVARI, ANDHRA PRADESH- 533003 2.VASAMSETTI SRINIVAS,, S/0 VASAMSETTI VENKATA RAO AGED ABOUT 45 YEARS, R/0 69-5-18, GAIGOLUPADU, KAKINADA, EAST GODAVARI, ANDHRA PRADESH- 533003 3.V. SATYANARAYANA,, S/0 VASAMSETTI VENKATA RAO AGED ABOUT 39 YEARS, R/0 69-5-18, GAIGOLUPADU, KAKINADA, EAST GODAVARI, ANDHRA PRADESH- 533003. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2 3.THE KAKINADA MUNICIPAL CORPORATION, REPRESENTED COMMISSIONER, KAKINADA, EAST GODAVARI BY ITS DISTRICT. 4.THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT 5 jHE revenue divisional officer, KAKINADA, EAST GODAVARI DISTRICT 6.THE TAHSILDAR, KAKINADA, EAST GODAVARI DISTRICT 7.V S RAJU COLONY WELFARE ASSOCIATION, BEING REPRESENTED BY ITS SECRETARY S. PHAKEERRAJU, AGE 64 YEARS, R/0 69-3-72, V.S RAJU COLONY, GAIGOLLUPADU JUNCTION, KAKINADA. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. VENKATESWARA RAO GUDAPATI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.9055 of 2025 ORDER: 1. The present Writ Petition is filed questioning the impugned notice dated 28.02.2025 calling upon the Petitioners to vacate the premises in question within a period of seven days as the Petitioners had constructed the houses bearing D.Nos.69-5-18 and 69-5-18/1 Sarvapuram Road, Gaigolupadu, Kakinada Municipality by encroaching open space in L.P.No.540 of 1983, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The property of the Petitioners is said to be located in Sy.No.200/1 since the times of their elders in the family. A Partition Deed was executed on vide document bearing No.1230 of 2021. As per the Partition Deed, the Petitioners Nos.1 and 3 acquired the property bearing D.Nos.69-5-18 and 69-5-18/1 admeasuring 92.5 Sq. yards in Sy.No.200/1 situated at Ramanayyapeta Gram Panchayat. The Petitioner No.2 acquired property bearing D.No.69/5/2018 admeasuring 97.5 Sq. yards in Sy.No.200/1. had filed W.P.No.13730 of to the Municipal pleaded that Respondent No.7 3. It is 2009 before this Court seeking for a direction authorities to take action on the illegal activities of the encroachers and Of directing the Respondent authorities the Writ Petition was disposed to undertake survey and identify open space in the layout in of Ramanayyapeta, V.S. Raju Colony, Kakinada after issuing notices to all the LP.No.540/83 in Sy.No.205/1 Gaigollupadu Junction concerned. Subsequent thereto the Respondent No.3 has persons conducted the survey and on the premise that the property vests in Sy.No.205/1 as per the survey the impugned proceedings was issued Gudapati, learned counsel for the learned Standing Counsel 4, Heard Sri Venkateswara Rao and Sri M. Krishna Rao Petitioners appearing for the Respondent No.3-Corporation contends that the property in is Gramakantam of Ramanayyapeta inclusion of the property in the circumstances. As the Gramakantam, the property The counsel for the Petitioners question falls in Sy.No.200, which is Panchayat and therefore the l_ p No.540/83 does not arise under any 5. Gram classified as who are in occupation of the said property property in question was belongs to those persons, and therefore question the right the Municipality can neither the Government nor of the Petitioners over the said property. € 3 6. The learned Standing Counsel appearing for the Respondents submits that in the absence of any challenge to the survey and the conduct of survey, it would not be open to the Petitioners to raise all these pleas in this Writ Petition. Having heard the respective counsels, this Court is of the opinion that considering the long standing possession of the Petitioners, it would be appropriate for the Respondent authorities to examine the explanation of the Petitioners that their property comes under Sy.No.205/1 and not in S.No.200/1, rather than calling upon them to vacate the houses in their possession for a long time pursuant 7. to the impugned proceedings. Therefore, the Writ Petition can be disposed of with the following 8. directions: (i) The Petitioners shall submit explanation to the impugned notice dated 28.02.2025 within a period of three (3) weeks from the date of receipt of web copy of the order; (ii) On receipt of the objections from the Petitioners, the Respondent authorities shall examine the same and pass appropriate orders within a period of six (6) weeks thereof; (iii) Till such time, the parties are directed to maintain status quo in all respects; (iv) There shall be no order as to costs. 9. Accordingly, the Writ Petition is disposed of. As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRY //TRUE COPY// SEC^^OFFICER To, 2. The Principal Secretary, Revenue Velagapudi, Guntur District. 3. The Commissioner. Kakinada Municipal Godavari District. 4. The District Collector. Kakinada 5. The Revenue Divisional Officer, 6. The Tahsildar, Kakinada, East Godavari 7. One CC to Sri Venkateswara ^ Krishna Rao Muncipal Andhra Pradesh. [OUT] 10. Two CCS toGPfor Revenue, 11. Three CD Copies and. Urban Velagapudi, Guntur District. Department, Secretariat, Amaravati Corporation, Kakinada, East East Godavari District Kakinada, East Godavari District - ' District Rao Gudapati Advocate [OPUC] , SC for Municipal Corporations, Advocate Admn and Urban Dev. High Court High Court of Andhra Pradesh. [OUT] of TF ■ k HIGH COURT DATED:06/05/2025 ORDER % 0 3 JUN m WP.No.9055 of 2025 ml disposing of the W.P., WITHOUT COSTS