IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010225212025 P THURSDAY,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11179 OF 2025 Between: Vallapu Aliveli, W/o Nadipi Vengamuni, Aged 47 years, R/o. D.No. 1-7-442-2- 1, YS Rajareddy Colony, Pulivendula Town, YSR Kadapa District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, AP Secretariat, Velagapudi, Amaravati. 2. The Pulivendula Municipality, Rep. by its Commissioner, Pulivendula, YSR Kadapa 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 may be pleased to issue writ of mandamus or any other writ or order or direction declaring the notice vide No.I/SECT-15- 2025 dt.24.04.2025 issued by the 2 respondent in ordering removal of the structures in 3 days belongs to the I petitioner's premises D.No. 1-7-442-2-1, YS Rajareddy Colony, Pulivendula Town, YSR Kadapa District without issuing any prior notice, without conducting any enquiry and without following any procedure adhering to the law is illegal, arbitrary and set aside the same consequently direct the 2 respondent not to interfere into the peaceful possession and enjoyment of the nd nd petitioner's remises D.No.1- p 7-442-2-1, YS Rajareddy Colony, Pulivendula Town, YSR Kadapa District. 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 stay the operation of notice vide No. 1/SECT-15-2025 dt.24.04.2025 issued by the 2'^'* respondent by restraining from interfering into the peaceful possession and enjoyment of petitioner’s premises D.No.1-7-442-2 -1, YS Rajareddy Colony, Pulivendula Town, YSR Kadapa District, pending disposal of the writ petition. Counsel for the Petitioner: SRI N. ASWARTHA NARAYANA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI GUDAPATI LAKSHMI NARAYANA, SC FOR MUNICIPALITIES The Court made the following: ORDER APHC010225212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] r THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11179 OF 2025 Between; ...PETITIONER Vallapu Aliveli AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S); 1.OP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11179 OF 2025 ORDER: The present writ petition is filed to declare the notice vide No.1/SECT- 15-2025 dated 24.4.2025 issued by the 2^^ respondent in ordering removal of the structures raised by the petitioner in the premises - D.No.1-7-442-2-1, YS Rajareddy Colony, Pulivendula Town, YSR Kadapa District in three days. without following any procedure as illegal and arbitrary. The petitioner claims to have been assigned an extent of Ac.0.1 >2 2. cents in Sy.No.527/2 on 19.07.1982 by the then Tahsildar, Pulivendula. The petitioner accordingly constructed a building and is residing therein. While so. the impugned notice was issued by the respondent authorities on 24.04.2025 under Section 192 of the Andhra Pradesh Municipalities Act, 1965, stating that the petitioner had encroached an extent of Ac.0.0126 cents of Government land/Rastha/Road and called upon the petitioner to remove the same within a period of three days. Hence, the present writ petition is filed questioningthe same. Learned counsel for the petitioner submits that no prior show cause 3. notice was issued nor any notice was given while conducting any survey which is the basis for issuing the impugned notice. The learned Standing Counsel for the respondent Corporation passed 4. on instructions signed by the commissioner wherein it is mentioned that r complaints were received through PGRS (Public Grievance Redressai ^ System) against encroachment by the petitioner, planning staff, it was noticed that petitioner had Ac.0.0126 cents. It was also mentioned that the D-form favor of Sri Ankalu by the Tahsildar, Pulivendula Mandal petitioner. The instructions further mention that there i southern side of petitioner’s property and encroaching the small road. On enquiry by the town encroached an extent of patta was issued in and not in favour of IS a small road on the compound wall was constructed 5. Having heard the respective counsels, the claim admittedly to an assigned land of an extent of Ac.0.1 cents i in Sy.No.527/2 in Pulivendula Village. As there i of site and extent by the respondents, the writ following directions: of the petitioner is - i.e., 72 Sq.Yards no dispute to the assignment petition is disposed of with the IS (i) The respondent authorities shall demarcate the property assigned to the petitioner accordingly. put the petitioner on notice and and thereafter take action (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. '^''^AYABABU ASSISTANT registrar //TRUE COPY// SECTION OFFICER Y To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati. 2. The Commissioner, Pulivendula Municipality, Pulivendula, YSR Kadapa District. 3. One CC to Sri N. Aswartha Narayana, Advocate [OPUC] 1 4. One CC to Sri Gudapati Lakshmi Narayana, SC for Municipalities[OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb ♦ f - HIGH COURT DATED:01/05/2025 t 18 OCT 2025 g ORDER WP No.11179 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS