APHC010685932025 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: 35541/2025 Between: 1. BOYA GIRIJAMMA, W/O. DASARI NARASIMHA MURTHY, AGED ABOUT 33 YEARS, R/O.D.NO.18-1-591, THARAKAPURAM COLONY , VENUGOPAL NAGAR EXTENTION THARKAAPURAM, ANANTHAPUR DISTRICT ANDHRA PRADESH- 515001 2. DASARI NARASIMHA MURTHY,, S/O.DASARI PEDDA NALLAPPA AGED ABOUT 46 YEARS, R/O. D NO. 18-1-591, THARAKAPURAM COLONY, VENUGOPAL NAGAR EXTENTION THARKAAPURAM, ANANTHAPUR DISTRICT ANDHRA PRADESH- 515001 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 522238 2. ANANTHAPUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, ANANTHAPUR, ANANTHAPUR DISTRICT, A.P. 515001 3. THE TOWN PLANNING OFFICER, ANANTHAPUR MUNICIPAL CORPORATION ANANTHAPURAM, A.P 515001 ...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 2 pleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring that the action of the Respondent Nos.2 and 3 herein in trying to interfere with the Petitioners possession and enjoyment and thereby trying to demolish the Petitioners residential house, situated in an extent of Ac.0.04.82 Cents or 233.00 sq. Yards at D.No. 17-1- 222-1, Old Sy.No.168-4 and New Sy. No. 169-1, Ananthapuram Municipal Corporation Limits, Ananthapuram, A.P, without issuing any notice, without following the due process of law, as arbitrary, illegal, contrary, and violative of principles of Natural Justice, besides being violative of petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of the Constitution of India and consequently direct the respondents herein not to interfere with the possession and enjoyment and refrain from demolishing the Petitioners residential house, situated in an extent of Ac.0.04.82 Cents or 233.00 sq. Yards at D.No. 17-1-222-1, Old Sy.No.168-4 and New Sy.No.169-1, Ananthapuram Municipal Corporation Limits, Ananthapuram, A.P, without following due process of law 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 to direct the respondents. 2 and 3 not to take any coercive measures including that of demolition/dispossession of Petitioners Residential house, situated in an extent of Ac.0.04.82 Cents or 233.00 sq. Yards at D.No. 17-1-222-1, Old Sy.No.168-4 and New Sy.No.169-1, Ananthapuram Municipal Corporation Limits, Ananthapuram, A.P and pass Counsel for the Petitioner(S): 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The petitioners have filed the present writ petition aggrieved by the unilateral action of the respondent authorities in trying to interfere with and dispossess the petitioners from the residential property admeasuring Ac.0.04.82 cents or 233.00 square yards, situated at D.No.17-1-222/1, Old Sy.No.168-4 and New Sy.No.169-1, within the Ananthapuram Municipal Corporation limits. 2. It is submitted that the petitioners have constructed a house which is in the final stage of completion. It is submitted that the respondent authorities have sent their men holding out threats of demolition and dispossession without issuing any notice. It is also submitted that the 2nd respondent authority has been claiming the said property, though the survey conducted by the petitioners does not indicate that the property purchased by the petitioners belongs to the 2nd respondent. 3. Sri P. Vengal Reddy, learned Standing Counsel appearing for respondent Nos. 2 and 3, on oral instructions, submits that the respondent authorities have never interfered with the possession and enjoyment of the petitioners’ property at any point of time. 4. Recording the submissions, this writ petition is disposed of at the admission stage, making it clear that the respondent authorities shall not interfere with the peaceful possession and enjoyment of the petitioners’ 4 property without following due process of law. There shall be no order as to costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 20.12.2025 PNS