APHC010541192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27924 OF 2025 Between: 1. Polapi Vasanthamma, W/o Late Subramanyam, Aged about 65 years, OccHouse wife, R/o Bhaktavatsala Nagar, Nellore-5. 2. .Tangella Chandana,, W/o Tangella Srikanth, Aged about 38 years, Occ Housewife, R/o Bakthavatsala Nagar, Nellore-5. 3. J. Prasanthi,, W/o CVN Praveeii Kumar Aged about 38 years D.No. 10/458, Anjaneyaswami Temple, Nellore - 524002. R/o ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Andhra Pradesh. 2. The Nellore Municipal Corporation, Rep by its Municipal Commissioner, Nellore District. 3. The District Collector, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Urban, Nellore, SPSR Nellore District. 5. The Superintendent Engineer, Irrigation & CAD Department, Nellore Circle, Nellore. ...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 or order or direction, more particularly one in the nature of a writ of mandamus, declaring the action of the 2"^^ respondent in encroaching the house sites of the petitioners, in respect of the 1st petitioner, petitioner to an extent of nd to an extent of 9 ankanams and in respect of the 2 9 ankanams and in respect of the 3rd petitioner to an extent of 9 ankanams situated in Sy.No.607, Nellore Bit II, SPSR Nellore district, vide proceedings RCB 273/13 dated 22.01.2013 respectively and proceeding with the illegal construction of the wall around the petitioners house sites on the pretext of extension of park without following the due process of law, by keeping it pending of passing of orders in the enquiry conducted by the 2nd respondent in pursuance to the endorsement dated 06.09.2025, as per the direction of this Honble court order in W.P.No.7829 and 11911 of 2023, dated 04.03.2024 is arbitrary, illegal, unjust action and contrary to the principles of natural justice and Article 300-A of the Constitution of India, Consequently direct the respondents not to encroach the petitioners house sites and not to proceed with any illegal construction of wall around the petitioners house site pattas in the interest of justice. 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 respondent not to interfere into the peaceful possession and enjoyment of the house sites and restrain to raise illegal construction of wall around the house sites of the petitioners, in respect of the petitioner, to an extent of 9 ankanams and in respect of the 2nd petitioner to an extent of 9 ankanams and in respect of the 3rd petitioner to an extent of 9 ankanams situated in Sy.No.607, Nellore Bit II, vide proceedings RCB 273/13 dated 22.01.2013 respectively, in the interest of justice. Counsel for the Petitioners: SMT. Y. L. SIVA KALPANA REDDY Counsel for the Respondent No.1 ;GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos.3 & 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR IRRIGATION & CAD The Court made the following order: APHC010541192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27924/2025 [3457] Between: 1.POLAPI VASANTHAMMA, W/0 LATE SUBRAMANYAM, AGED ABOUT 65 YEARS, OCCHOUSE WIFE, R/O BHAKTAVATSALA NAGAR, NELLORE-5. 2 2..TANGELLA CHANDANA,, AGED ABOUT 38 YEARS, BAKTHAVATSALA NAGAR, NELLORE-5. 3. 3.J. PRASANTHI,, W/0 CVN PRAVEEN KUMAR AGED ABOUT 38 YEARS, R/O D.NO. 10/458, ANJANEYASWAMI TEMPLE, NELLORE - 524002. W/0 TANGELLA SRIKANTH, OCC HOUSEWIFE, R/O ...PETITIONER(S) AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH. 2. 2.THE NELLORE MUNICIPAL CORPORATION, REP BY ITS MUNICIPAL COMMISSIONER, NELLORE DISTRICT. 3 3.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. 4.THE TAHSILDAR, NELLORE URBAN, NELLORE SPSR NELLORE DISTRICT. 5.THE SUPERINTENDENT ENGINEER, IRRIGATION CAD DEPARTMENT, NELLORE CIRCLE, NELLORE. ...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 pleased topleased to issue a writ or order or direction, more particularly one in the nature of a writ of mandamus, declaring the action of the 2nd respondent in encroaching the house sites of the petitioners, in respect of the 1st petitioner, to an extent of 9 ankanams and in respect of the 2nd petitioner to an extent of 9 ankanams and in respect of the 3rd petitioner to an ^oSn?;?pTti,ioTers atLltef "?h" park without following the due processVf iL'’blT °^- of passing of orders in fhr fnf ’ ''®®P'"9 " Pending respondent in pursuanceTo thi enS^rs^'.eTdte'roe^ ^^olss^ 11911 of 2023° dated''i\or2024Ts"arb°fra^^ I rcSrn‘s^r?o;s°:g°«^^ to encroach the petitioners hou^P respondents not illegal construction of wall around the oetitin to Proceed with any in the interest of justice Petitioners house site pattas jA NO: 1 OF 209/^ Petition under Section 151 ppp circumstances stated in the affidavit fiipH i that in the the High Court may be nleasfw nfo ?? '^."^PPort of the petition, to interfere into me peaco^f respondent no! S“ “»%•:= interest of justice, Counsel for the Petitloner(S); 1.Y L SIVA KALPANA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN The Court made the following: an an an , vide respectively, in the DEVAP THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.27924 nf ?n9<; ORDER; T The petitioners were granted pattas for an extent of nine ankams in the year 2013 and thereafter the' petitioners are in continuous possession of the property. It is submitted that the petitioners approached this Court and filed WP.No.7829 of 2023 and some third parties filed WP.No. 11911 of 2023 challenging Judge of this the pattas issued to the petitioners. The learned Court directed the respondent authorities to conduct a proper enquiry into the pattas granted by duly notifying all the assignies and third parties and conduct an enquiry and pass necessary orders. 2. The learned counsel for the petitioners further submits that both the writ petitions are disposed off on 04.03.2024, however, the respondent authorities have so far not passed any orders on the are now in the process of constructing the compound wall by enveloping the petitioners land into the said land. contrary, the respondent authorities 3. The learned standing counsel for the 2^^ that the open space abetting the the petitioners respondent submits property is a Municipal property and that in order to protect the property, the municipal authorities are erecting a compound wall. When a direction of this Court is issued to pass an order conducting an enquiry without complying the orders of this Court any steps taken by the respondent denying the rights of the petitioners property over the pattas would have to be held as illegal. It is also further submitted that the respondents are never interfered with the possession of the petitioners’ property. 4. Heard the learned counsel for the petitioners and the learned standing counsel for the 2'^'^ respondent. Perusod the material on record. 5. Be that as it may, there shall be a direction to the respondents not to disturb the possession and enjoyment of the petitioners’ property and not to make any further construction abetting the petitioners’ property till a reasoned order is passed in terms of the common orders passed by this Court on 04.03.2024 in WP.Nos.7829 and 11911 of 2023. 6. Accordingly, the writ petition is disposed off. No costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- G HELA NAIDU DEPUTY REGISTRAR //TRUE COPY// V" SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Andhra Pradesh. 2. The Municipal Commissioner, Nellore Municipal Corporation, Nellore District. t 3. The District Collector, Nellore, SPSR Nellore District. 4. The Tahsildar, Nellore Urban, Nellore, SPSR Nellore District. 5. The Superintendent Engineer, Irrigation & CAD Department, Nellore Circle, Nellore. 6. One CC to Smt. Y. L. Siva Kalpana Reddy, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 11. Two CD Copies. 8. ssb HIGH COURT DATED;09/10/2025 ORDER WP No. 27924 OF 2025 H OCT 2025 )|i 3:, o umntSectigp^^x DISPOSING OF THE W.P. WITHOUT COSTS