APHC010515872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26658/2025 Between: 1. GUDA SRINIVASA REDDY, S/O VENKATA NARAYANA REDDY, AGED ABOUT 59 YEARS, BUSINESS, R/O D.NO. 15-85, INDIRA NAGAR, ADDANKI, PRAKASAM DISTRICT . ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. ADDANKI MUNICIPALITY, REP. BY ITS COMMISSIONER, ADDANKI, PRAKASAM DISTRICT. ...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 writ of Mandamus declaring the action of the respondents particularly 2nd respondent in attempting to demolish the ACC sheet shed, pillars and fencing bearing D.No.l6-17/A, Darsi Road, Addanki, Prakasam district of the petitioner without passing the final orders having issued Encroachment notice 10-09-2025 in his ROC No.23/2025/21147010 under Sec.189, 192, 194, 336, 360 and 361 of Andhra Pradesh Municipalities Act, 1965 and also without considering the explanation submitted by the petitioner on 19-09- 2025 as illegal, unjust, arbitrary, discriminative, high handed, malafide, on extraneous considerations and consequently direct the 2nd respondent not to demolish the ACC sheet shed, pillars and fencing bearing D.No.16-17/A, Darsi Road, Addanki, Prakasam district of the petitioner without passing final orders 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 pleased to direct the 2nd respondent not to demolish the ACC sheet shed, pillars and fencing bearing D.No.16-17/A, Darsi Road, Addanki, Prakasam district of the petitioner pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. L J VEERA REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.26658 of 2025 ORDER: 1. The petitioner is aggrieved by the issuance of impugned proceedings dated 10.09.2025, whereby the petitioner was called upon to remove the ACC sheet shed, the pillars and fencing from R&B Road within seven days, failing which the action would be initiated by the 2nd respondent side. 2. Learned counsel for the petitioner submits that the petitioner had applied for building permission and was also sanctioned the permission for construction of ground floor vide building permit dated 07.02.2025. 3. It is submitted that the impugned notice would refer to Sy.No.1054/A2, whereas, the petitioner is in possession of land in Sy.No.1054/A1. Learned counsel for the petitioner submits that without conducting any survey, the 2nd respondent could not have issued the impugned proceedings. It is submitted that the petitioner is the owner and possessor of land admeasuring 469 Sq.yards in Sy.No.1054/A1. 4. Learned standing counsel for the 2nd respondent submits that as per the impugned notice dated 10.09.2025, the petitioner is in occupation of R&B Road. 5. Heard the learned counsel for the petitioner and the learned standing counsel for the 2nd respondent. Perused the material on record. 6. It is not in dispute that no survey was conducted before determining that the petitioner is in possession of land in Sy.No.1054/A2. On this consideration, the impugned proceedings are hereby set aside, leaving it open to conduct a proper survey by issuing a notice to the petitioner and the others concerned and take necessary steps in the event the petitioners is found to be in occupation or encroachment of any public road. Till completion of such process, the respondent authorities are further directed not to take any coercive steps pending consideration of the above observation. 7. Accordingly, the writ petition is disposed off without costs. 8. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed. ___________________ JUSTICE HARINATH.N Dated 24.09.2025 KGM HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.26658 OF 2025 Date: 24.09.2025 KGM