\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2012 OF 2025 Between: Kalaga Mutyalamma, W/o Late Barikivadu, Aged: 60 years, Occ: Agriculture Coolie, R/o Door No.2-88, Peddapadu Village, Srikakulam Rural Mandal, Srikakulam Town, Srikakulam District - 532401. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Amafavati, Guntur District. 2. District Collector, Srikakulam District. 3. Srikakulam Municipal Corporation, Rep. by its Commissioner, Srikakulam Town, Srikakulam District. 4. Town Planning Officer, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 5. Assistant City Planner, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 6. Station House Officer, Srikakulam Rural Police Station Srikakulam Rural Mandal, Srikakulam 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 be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in taking steps to demolish petitioner's residential house bearing Door No. may w 2-88 situated in an extent of 0.01 cents in Survey No.222/4 situated in Peddapadu Village, Srikakulam Rural Mandal, Srikakulam Municipal Corporation limits, Srikakulam District, without following due process of law as illegal, arbitrary, violative of principles of natural justice, violative of A.P; Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish petitioner's residential house and also not to evict her and her family members from her said residential house. 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 demolish petitioners residential house bearing Door No.2-88 situated in an extent of 0.01 cents in Survey No.222/4 situated in Peddapadu Village, Srikakulam Rural Mandal, Srikakulam Municipal Corporation limits, Srikakulam District without following due Process of law and also not to interfere with her peaceful possession and enjoyment of her said residential house, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:X3P FOR REVENUE Counsel for the Respondent Nos.3 to 5:SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.6: GP FOR HOME The Court made the following: ORDER APHC010040062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] MONDAY ,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 2012/2025 Between: ...PETITIONER Kalaga Mutyalamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- to is issue a writ, order or direction more particularly one In the nature of WRIT OF MANDAMUS declaring the action of the respondents in taking steps to demolish petitioner's residential house bearing Door No. 2-88 situated in an extent of 0.01 cents in Survey No. 222/4 situated in Peddapadu Village, Srikakulam Rural Mandal, Srikakulam Municipal Corporation limits, Srikakulam District, without following due process of law as Illegal, arbitrary, violative of principles of natural justice, violative of A.P. Municipal Corporation Act and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to demolish petitioner's residential house and also not to evict her and her family members from her said residential house and pass... ” The petitioner herein is the absolute owner, possessor and enjoyer of the residential house bearing door No.2-88 situated in an extent of 0.01 cents in Sy.No.222/4 in Peddapadu Village, Srikakulam Rural Manda, Srikakulam Municipal Corporation limits, Srikakulam District. The petitioner’s husband has purchased the vacant site from his vendor by name Alliboina Chinavadu vide registered sale deed dated 10.05.1976 and since then, the petitioner has been in possession of the said property even after the demise of her husband in the year 1995. 2. While the matter stood thus, all of a sudden, the respondent Nos.4 to 6, on the instructions of respondent Nos.2 and 3 came to petitioner’s scheduled property along with a JCB on 24.01.2025 and started demolishing the residential houses of the Peddapadu village, without even issuing any notice or calling for objections. However, the petitioner has resisted the said 3. demolition and has approached this Court lunch motion. by filing the present petition iin a 4. Heard learned counsel for the Pleader for Revenue and learned Administration. Petitioner, learned Government Government Pleader for Municipal 5. Today when the matter Pleader for Municipal Administration oral instructions has informed this Court that up for hearing, learned Government came representing respondent Nos.3 to 5 , on they are no way concerned with he demolition of the subject property of the petitioner, but, however has stated that the R&B department has initiated steps for widening the road Peddapadu Village. He has further in submitted that they would follow the due process of law, if at all they intend to interfere with the petitioner’s possession over the subject property. 6. Learned Government Pleader for Revenue respondent, on oral instructions submits that they have not instructed the respondent Nos.4 to 6 or any authority to demolish the residential houses the villagers in Peddapadu Village, Srikakulam Municipal Corporation limits, Srikakulam District. nd representing the 2 of Rural Mandal, Srikakulam 7. In view of the same, instead of keeping this Court feels it appropriate to dispose ‘ respondents herein not to interfere with the property bearing door No.2-88 situated i the writ petition pending, of the writ petition by directing all the petitioner’s possession over her in an extent of 0.01 cents in J Rural Manda, Srikakulam following due Sy.No.222/4 in Peddapadu Village, Srikakulam Municipal Corporation limits. Srikakulam District, without process of law. vr. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 8. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- K. TATA RAO deputy registrar OFFiCER //TRUE COPY// To, 1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. District Collector, Srikakulam District. 3. The Commissioner, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 4. The Town Planning Officer, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 5. The Assistant City Planner, Srikakulam Municipal Corporation, Srikakulam Town, Srikakulam District. 6. The Station House Officer, Srikakulam Rural Police Station, Srikakulam Rural Mandal, Srikakulam District. 7. One CC to Sri Srinivas Ambati, Advocate [OPUC] 8. One CC to Sri M. Krishna Rao, Sc for Municipal Corporation[OPUC] 9. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 10. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] 11. Three CD Copies. ssb HIGH COURT DATED:27/01/2025 ORDER AND^ WP.No.2012 Of 2025 o 5 18 FEB 2025 a ^ . Curreni Section DISPOSING OF THE W.P. WITHOUT COSTS