»• %K J^THE high court of ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE >31 >1 D PRESENT >>> HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10033 OF 2025 Between: Chamala Prathap Reddy, S/o. Chamala Venkata Reddy, aged w... Years, R/o. D.No.3/8, K.Venkatapuram Village, Kondapuram Mandal (Kadapa) District. about 60 YSR ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary Municipal Administration and Urban Development Department’ Secretariat, Velagapudi, Guntur District-522001. 2. The District Collector, YSR (Kadapa) District, Andhra Pradesh 3. The Tahsildar, Proddatur, YSR (Kadapa) District 4. The Proddatur Municipality, Rep by its Commissioner, Proddatur YSR Kadapa District 5. The Deputy Engineer, R and B Department, Proddatur, YSR Kadapa District, Andhra Pradesh. 6. The Assistant Engineer, R and B Department, Proddatur, YSR Kadapa District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or orders or direction or a writ one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.4 in issuing the Notice vide Roc.No.2006/G1/2025, dated 02.04.2025 (received on 08.04.2025) and thereby the respondent No.4 to 6 in interfering with peaceful possession and enjoyment of the petitioners property and taking steps to demolish the petitioners property consisting Door No.7/832 with assessment No. 1014019426 situated at Korrapadu Road, Ward No.7, Proddatur, YSR (Kadapa) District, without considering the explanation dated 15.04.2025 submitted by the petitioner to the Notice issued by the respondent No.4 vide Roc.No.2006/G1/2025, dated 02.04.2025 (received on 08.04.2025) as 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 India and consequently set aside the Notice issued by the respondent No.4 vide Roc.No.2006/G1/2025, dated 02.04.2025 (received on 08.04.2025) and direct the respondents and their sub-ordinates not to interfere/demolish any portion of the petitioners property consisting Door No.7/832 with assessment No. 1014019426 situated at Korrapadu Road, Ward No.7, Proddatur, YSR (Kadapa) District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 and their sub-ordinates not to interfere and not to take any coercive steps of demolition of the petitioner’s property consisting Door No.7/832 with assessment No. 1014019426 situated at Korrapadu Road, Ward No.7, Proddatur, YSR (Kadapa) District, pending disposal of the above Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Notice issued by the respondent No. 4 vide Roc.No.2006/G1/2025, dated 02.04.2025, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: GP FOR REVENUE Counsel for the Respondent Nos. 5 & 6: GP FOR ROADS & BUILDINGS Counsel for the Respondent No.4: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following: ORDER APHC010201772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10033 OF 2025 Between: Chamala Prathap Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SHAIK MOHAMMED ISMAIL Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS 2.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3.GP FOR REVENUE 4.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: % THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO- 10033 OF 209!^ ORDER: The present writ petition is filed questioning the proceedings vide R.C.NO.2006/G1/2025 dated 02.04.2025, calling upon the petitioner to remove the encroachment within 7 days from the date r of receipt of the notice impugned under Section 192 of the Andhra Pradesh Municipalities Act, 1965. 2. The petitioner is owner of bdilding/shop bearing D.No.7/832, Road, ward No.7, Proddatur having purchased the sale deed bearing Doc.No.3559 of 1994 dated 22.8.1994. also assessed to property tax vide Assessment No. 1014019426 staff of respondent No.4 Korrapadu same under a registered The property was . While so, the came to the shop of the petitioner and made markings on walls and threatened to demolish the shop to the extent of markings. The petitioner then filed W.P.No.27383 of 2024 before and the same was disposed of on 27.11.2024 directing the respondents to act in accordance with law. this Court 3. Subsequently, the petitioner was issued the impugned notice under Section 192 of Andhra Pradesh Municipalities Act 1965 to remove the building of,the petitioner to an extent of 47.30 Sq.mtrs. The petitioner gave explanation on 15.4.2025 narrating the flow of title. The petitioner also relied upon judgment and decree of the trial Court i.e.. District Munsif, Cuddapah'i O.S.No.305 of 1965 dated 30.10.1965. in The said suit was filed by the predecessor having title i.e., Kalla Subbaiah over the property against the State of Andhra Pradesh represented by District CoJIector, Cuddapah for permanent injunction over the schedule property and the same was decreed. The petitioner also relied upon registered partition deed bearing Doc.No.2657 of 1973 among the legal heirs of Kalla Subbaiah and the registered sale deed in favour of petitioner to substantiate that there is no encroachment by the petitioner. The standing counsel for respondent No.4 passed on instructions signed by Commissioner, Proddatur municipality wherein it is stated that steps were initiated for widening of Korrapadu Road of 100 feet wide as per master plan approved vide G.O.Ms.No.49, MA & UD dated 17.4.2023. As the petitioner property was classified as road' as per street revenue map and records, impugned encroachment notice was issued. It is further mentioned that link documents to the sale deed in favour of petitioner were not mentioned in the explanation of petitioner on 15.4.2025 nor such details were found in encumbrance certificate. The, instructions also mention that the schedule of property in O.S.No.305 of 1965 needs to be ascertained and that ? the respondent No.4 would abide by law and follow the procedure under the Andhra Pradesh Municipalities Act, 1965. 4.' revenue Having heard the respective counsel and without going into the factual aspects raised by respective counsel, as the official respondents state that they would follow the due procedure contemplated under law for widening of the proposed Korrapadu road and also the provisions of the Andhra Pradesh 5. Municipalities Act, 1965, no further orders need to be passed in the present writ petition. The written instructions signed by the Commissioner, Proddatur Municipality on 30.4.2025 are placed on record. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending applications, if any, shall 'stahd closed. Sd /- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Shaik Mohammed Ismail, Advocate 2. Two CCs to GP for Muncipal Admn Andhra Pradesh. [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra [OUT]^^^ ^° ^ Buildings, High Court 5. One CC to Sri G Lakshmi Narayana, Advocate [OPUC] 6. Three CD Copies [OPUC] and Urban Dev, High Court of Pradesh. [OUT] of Andhra Pradesh. TF h HIGH COURT DATED;01/05/2025 ORDER WP.No.10033 of 2025 CLOSING THE W.P. WITHOUT COSTS