X IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9680 OF 2025 Between; Chilumuru Venkata Subbareddy, S/o late Venkata Subbareddy, Age 55 years, Occ: Business, R/o. H.No. 1-218-a, Upparapalli village, Proddatur Mandal, YSR Kadapa District, Andhra Pradesh ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buldings, Velagapudi, Amaravathi, Guntur District, A.P 2. The District Collector, Kadapa, Kadapa District, Andhra Pradesh. 3. The Proddatur Muncipality, Rep. by its Commissioner, Proddatur Town, Kadapa District, Andhra Pradesh. 4. The Deputy Engineer, R and B Department, Proddatur, YSR Kadapa District, Andhra Pradesh. 5. The Assistant Engineer, R and B Department, Proddatur, YSR Kadapa District, Andhra Pradesh. ...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 a writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the respondents, more particularly action of Respondent No. 3 to 5 herein in interfering with peaceful possession and enjoyment of the petitioner's property and taking steps to demolish the petitioner's property bearing house No. 7/357/1, with * J % assessment no. 1014019620, situated atRevenue ward no.7, Korrapadu Road, Proddatur Town, YSR Kadapa District without considering the explanation to the notice issued by the respondent no.3 vide R.C.No. 2006/G1/2025 dated 02-04-2025as being highly illegal, unfair, unjust, unreasonable, violative of principles of natural justice apart from violation of Articles 14, 19, 21 and 300-A of Constitution of Indiaand consequently, direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioner's property or demolish the petitioner^ property bearing house No. 7/357/1, with assessment no. 1014019620, situated atRevenue ward no.7, Korrapadu Road, Proddatur Town, YSR Kadapa District without following due process of law. 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 herein not to take any coercive steps including demolition of the petitioners property bearing house No. 7/357/1, with assessment no. 1014019620, situated at Revenue ward no.7, Korrapadu Road, Proddatur Town, YSR Kadapa District pending disposal of the writ petition. Counsel for the Petitioner: SRI V. NITESH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.4 & 5: GP FOR ROADS & BUILDINGS The Court made the following: ORDER V APHC010191532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS [3460] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9680 OF 2025 Between; ...PETITIONER Chilumuru Venkata Subbareddy AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent{S): 1.GP FOR ROADS BUILDINGS 2.GP FOR MUNCIPAL ADMN URBAN DEV S.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 4.GP FOR REVENUE The Court made the following; / THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY i V WRIT PETITION NO: 9680 OF 2025 I ORDER: The present writ petition is' filed questioning the proceedings vide R.C.N0.2OO6/GI/2025 dated 02.04.2025, calling upon the petitioner to remove the encroachment within 7 days from the date of receipt of the notice impugned under Section 192 of the Andhra Pradesh Municipalities Act, 1965. The petitioner'claims to be owner,of an extent of 32 Sq.Yards in Korrapadu Road, Proddatur having purchased the same under a registered 2. sale deed dated 16.8.1999 vide document No.2894 of 1999. The property was assessed to property tax vide assessment No. 1014019620 and was also assigned H.No.7/357/1. While so, impugned notice was issued under Section 192 of Andhra Pradesh Municipalities Act, 1965 stating that petitioner had occupied a portion of the road. As there was threat of demolition in spite of explanation dated 05.4.2025 by the petitioner, the .present writ petition was filed. The standing - counsel for respondent No.3 passed on written instructions signed by Commissioner, Proddatur stating that a comprehensive notice vide Roc.No.2006/G1/2025 dated 29.4.2025 was issued subsequent to the filing of this Writ Petition and that due procedure contemplated under law would be followed. The written instructions are placed on record. 3. \ instructions of Commissioner, Proddatur that due In view of the written contemplateci under law would be followed, the Writ Petition is to the petitioner to submit a detailed reply to the show 4. procedure closed leaving it open notice. There shall be no order as to costs. cause As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAMMA assistant registrar //true copy// SECTION OFFICER To 1. One CC to Sri V. Nitesh, Advocate [OPUC] 2. One CC to Sri Gudapati Lakshmi Narayana, SC for Municipalities[OPUC] 3. TwoCCsto _ High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, _ GP for Roads and Buildings, High Court of Andhra GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 5. TwoCCsto Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:01/05/2025 ORDER WP.No.9680 of 2025 \ 2 'f JUN 2025 Co CLOSING THE W.P. WITHOUT COSTS