APHC010679942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY, THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35004/2025 Between: 1. DR. P. SRINIVASULU REDDY,, S/O. P .V.RAMASUBBAREDDY, AGED ABOUT 68 YEARS, R/O. 15/266, SRI DURGA HOSPITALS, BRUNDAVANAM, NELLORE, SPSRNELLORE DISTRICT, ANDHRA PRADESH- 524001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE NELLORE MUNICIPAL CORPORATION, REP.BY IT'S COMMISSIONER,NELLORE , SRI POTTI SRIRAMULU NELLORE DISTRICT. 3. THE ASSISTANT CITY PLANNER, NELLORE MUNICIPAL CORPORATION, RESPONDENTSSRI POTTI SRIRAMULU NELLORE DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. BHOOMA MAHARSHI REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned notice dated 11.12.2025 which is issued by the 3rd respondent calling upon the petitioner to remove the encroachment of the canal land in C.A.S.No.453, beside Nellore Hospital, Jubilee Hospital road, Nellore. 2. It is submitted that the petitioner purchased the property admeasuring an extent of Ac.1706.4 square yards of land, vide registered sale deed dated 28.10.2014. It is submitted that the petitioner has constructed a compound wall for protecting the property. The petitioner is in possession and enjoyment of the property. However, at behest of complaints by third parties before the Lokayukta, the respondent authorities under the guise of conducting an inspection have determined that the petitioner is in possession of Ac.0.10 cents of canal land without conducting any survey. 3. Learned counsel for the petitioner submits that after filing of the writ petition, the petitioner has received an endorsement dated 16.12.2025 whereby the petitioner is called upon to appear for a personal hearing on 20.12.2024 at 11.00 A.M before the 2nd respondent along with the relevant documents. The said endorsement refers to the joint inspection report conducted by the Town Surveyor. Learned counsel for the petitioner further submits that the survey would have to be conducted by measuring the land in possession of the petitioner by referring to the registered sale deed and the 4 boundaries mentioned therein. The joint inspection report refers the google images which are evidently relied upon by the Town Surveyor for determining the alleged encroachment. 4. The learned Standing Counsel appearing for the respondent Nos.2 and 3, on written instructions submits that a joint inspection was conducted and the petitioner was present at that time. 5. The joint inspection report does not indicate whether a survey was conducted by physically measuring the extent of land in possession of the petitioner with reference to the title documents in favour of the petitioner. 6. Considering the submissions, this Writ Petition is disposed off, leaving it open for the petitioner to submit a fresh representation for conducting a proper survey, the petitioner shall pay the applicable fee for conducting the survey and also submit the relevant title documents. On receipt of the same, the 2nd respondent shall depute a competent officer for conducting a physical survey and demarcated the extent of land in possession of the petitioner, beyond the extent of land as compared to his title document, if any. The petitioner shall submit a fresh application seeking proper survey to be conducted within a period of four (4) weeks from the date of receipt of a copy of this order. Pending consideration, there shall be no coercive stapes against the petitioner. There shall no order as to costs. 5 Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date.20.12.2025 Note: Issue CC by today B/o. SR