APHC010488292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25430 OF 2025 Between: 1. P NAGA PRASAD, S/O P.SANJANNA, AGE- 54 YEARS, OCC- BUSINESS, R/O GOOTYANANTHAPURAM VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, THE DEPARTMENT OF MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE GOOTY MUNICIPALITY, REP BY ITS MUNICIPAL COMMISSIONER, GOOTY, ANANTAPM- DISTRICT 3. THE TAHSILDHAR, THE TAHSILDHAR, GOOTY MANDAL, ANANTAPUR DISTRICT 4. THE DEPARTMENT OF ROAD AND BUILDINGS, REP BY THE DEPUTY EXECUTIVE, ENGINEER, GOOTY, ANANTAPUR 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 nature of Writ of Mandamus declaring the action on the part of Respondents 2 to 4 in making efforts to demolish a part of Petitioners premises, without giving opportunity of hearing, without making personnel inspection, without 2 specifying the alleged Projections, Encroachments, Obstructions which ought to be removed from Petitioners Premises bearing No.8-1424 with Assessment o.l 156011247 in Survey No.474-1, situated at Revenue Ward No.8, Gooty Municipality Area, Anantapur District as illegal, arbitrary and consequently direct the Respondents 2 to 4 to not to demolish a part of Petitioners Premises bearing No.8-1424 with Assessment No.l 156011247 in Survey No.474-1, situated at Revenue Ward No.8, Gooty Municipality Area, Anantapur District without following due process of law 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 Respondents 2 to 4 to not to demolish a part of Premises bearing No.8- 1424 with Assessment No.l 156011247 in Suiwey No.474-1, situated at Revenue Ward No.8, Gooty Municipality Area, Anantapur District without following due process of law and pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25430 OF 2025 The Court made the following order: Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioner and Sri Gudapati Lakshminarayana, learned Standing Counsel for Municipality. 2. The grievance of the petitioner is that the respondents are attempting to demolish a part of the subject property bearing No.8-1424 with Assessment No.1156011247 in Sy.No.474-1, located at Revenue Ward No.8, Gooty Municipality Area, Anantapur District, belonging to the petitioner, on the pretext that the same is unauthorized construction. 3. Today, when the matter is taken up for consideration, Sri Gudapati Lakshminarayana, learned Standing Counsel for Municipality, placed before the Court a copy of the written instructions received from the 2nd respondent. A perusal of the same would reflect that the subject property is constructed in SyNo. 674 of Gooty Revenue Village, which is Government land. Whereas, according to the petitioner, he purchased an extent of Ac. 0.015 cents vide registered sale deed bearing document No.717 of 1982, which is located in Sy.No.474/1. The claim of the respondents is that the petitioner has encroached upon the Government land. The petitioner however has not filed a copy of the construction permission. 4. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the respondents to issue 4 notice to the petitioner and after providing due opportunity of hearing, the respondents are at liberty to demolish the construction if it is found to be unauthorized, or if it is found to be encroaching upon the land belonging to the Government. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 18.09.2025 BSK 5 41 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25430 OF 2025 Date: 18.09.2025 BSK