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: 9678 OF 2025 Between: Tummalapenta Prabhavathi, W/o.Tummalapenta Subbaiah, Aged about 49 years, Occ: Business, R/o. H.No. 7/1562-1, AK Road,Proddatur town And Mandal, 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 the 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. 7/360 with r'’"" assessment No. 1014018248, Revenue 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/G1/202 5 dated i02-04-2025 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 direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners property bearing house no.7/360 with assessment No. 1014018248, Revenue 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. 7/360 with assessment No. 1014018248, 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 APHC010191522025 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: 9678 OF 2025 Between; ...PETITIONER Tummalapenta Prabhavathi AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VNITESH Counsel for the Respondent(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 3.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9678 OF 2025 ORDER: The present writ petition is filed questioning the proceedings vi^e 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. 2. The petitioner claims to be owner of an extent of 50 Sq.Yards in Korrapadu Road, Proddatur having purchased the same under a registered sale deed dated 7.10.1996 vide document No.4670 of 1996. The property was assessed to property tax vide assessment N0.1014018248 and was also assigned D.No.7/360. 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. 3. ■ The standing counsel for respondent No.3 passed on written instructions signed by Commissioner, Proddatur stating that a comprehensive notice vide Roc.No.2Q06/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. 4, In view of the written instructions of Commissioner, Proddatur that due procedure contemplated under law would be followed, the Writ Petition is closed leaving it open to the petitioner to submit a detailed reply to the show cause notice. There shall be no order as to costs. 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. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Two CCs to GP for Roads and Buildings, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb ■5 ' ti HIGH COURT DATED:01/05/2025 ORDER WP.No.9678 of 2025 CLOSING THE W.P. WITHOUT COSTS