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2025 DAILYLAW 57400 (AP)

Sarvasidhi Uma Maheswara Rao, v. The State of Andhra Pradesh,

WP/6588/2019 · 2025-10-08

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\' ‘ APHC010152082019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i^T THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N " WRIT PETITION NO: 6588 OF 2019 Between: 1. Sarvasidhi Uma Maheswara Rao, S/o. Late Dharma Rao, Aged 45 years, R/o. Door.No. 56-6-8, GollaKancharapalem, Visakhapatnam - 530008. 2. Sarvasidhi Gowri Shankar, S/o. Late Dharma Rao, Aged 40 years, R/o. Door.No. 56-6-8, GollaKancharapalem, Visakhapatnam - 530008 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep, by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Tenneti Bhavan, Near R.T.C. Bus Complex, Visakhapatnam. 3. The District Collector, Visakhapatnam, Maharanipeta, Visakhapatnam. 4. The Revenue Divisional Officer, Visakhapatnam Revenue Division, Collector Office Building, Maharanipeta, Visakhapatnam. 5. The Visakhapatnam - 530040. Thasildar, Visakhapatnam Rural Mandal, ChinnaGadili, ...RESPONDENTS > Petition under Article 226 of the Constitution of India praying that in the circurTi^r|ces stated in the affidavit filed therewith, the High Court may be ' ple'aSBid to‘issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents herein in demolishing part of the structure of house property in S No. 1/6 (3/3), of Pedda Rishikonda Village, Rishikonda Mandal, Madhuravada Sub Division, Ward No.6, Visakhapatnam, made on 09-05-2019 without issuing any prior notice and without following the due process of law as illegal, arbitrary, unjust and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners in respect of their properties admeasuring 934 Sq.Yds. each in S No. 1/6 (3/3) of Pedda Rishikonda village, Rishikonda Mandal, Madhuravada Subdivision, Ward No.6, Visakhapatnam and grant the such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice. lA NO: 1 OF 2019 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 not to take any coercive steps further with regard to property 934 Sq.Yds. in S No. 1/6 (3/3), Pedda Rishikonda Village, Rishikonda Mandal, Madhurawada Sub Division, Ward No.6, Visakhapatnam, pending disposal of the above writ petition. lA NO: 2 OF 2019 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 grant an interim injunction restraining the respondents from further interfering with the peaceful possession and enjoyment of petitioner's property 934 Sq.Yds. S No. 1/6 (3/3), Pedda Rishikonda Village, Rishikonda Mandal, Madhurawada Sub Division, Ward No.6, Visakhapatnam, pending disposal of the above writ petition / ' / / % / / lA NO: 1 OF 2020 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 pieased to extend the interim order dated .15.5.2019 passed in further orders which was extended from time to time. WP.No. 6588/2019 until Counsel for the Petitioners: SRI V. S. K. RAMA RAO 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 to 5:GP FOR REVENUE The Court made the following^ 0 APHC010152082019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY.THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6588/2019 Between: 1.SARVASIDHI UMA MAHESWARA RAO,, S/0. LATE DHARMA RAO, YEARS, R/0. DOOR.NO. 56-6-8, AGED GOLLAKANCHARAPALEM, VISAKHAPATNAM - 530008. 45 2.SARVASIDHI GOWRI SHANKAR,, S/0. LATE DHARMA RAO, AGED 40 YEARS, R/0. DOOR.NO. 56-6-8, GOLLAKANCHARAPALEM, VISAKHAPATNAM - 530008 ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN development department, secretariat, VELAGAPUDI, amaravathi. 2.THE VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, TENNETI BHAVAN, NEAR R.T.C. BUS COMPLEX, VISAKHAPATNAM. 3.THE DISTRICT COLLECTOR, VISAKHAPATNAM, MAHARANIPETA, VISAKHAPATNAM. 4.THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM REVENUE division, collector office BUILDING, MAHARANIPETA, VISAKHAPATNAM. 2 5.THE THASILDAR VISAKHAPATNAM CHINNAGADILI, VISAKHAPATNAM - 530040 RURAL MANUAL, ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents herein in demolishing part of the structure of house f D r,- ,. - property in S No. 1/6 (3/3), of Pedda Rishikonda Village, Rishikonda Mandal.Madhuravada Sub Division, Wai-d No.6, Visakhapatnam, made on 09-05-2019 without issuing any prior notice and without following the due process of law as illegal arbitrary, unjust and consequently direct the respondents not to interfere with the possession and enjoyment of the petitioners in respect of their properties admeasuring 934Sq.Yds. each in S No. 1/6 (3/3) of Pedda RishikonL village Rishikonda Mandal, Madhuravada Subdivision, Ward No.6, Visakhapatnam and grant the such other relief or reliefs as this Hon'ble Court and proper in the circumstances of the may deem fit case and in the interest of justice. lA NO: 1 OF 2niq in thAm'^" r n!.' circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to take any coercive steps further with WshiV H ® (3/3),Pedda Rishikonda Village rtltnH ! Visakhapatnam Spending disposal of the above writ petition lA NO: 2 OF 2niq Petition under Section 151 CPC in tho offiw •+ f-i ■ P''aying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased pleased to grant an interim injunction restraining the respondents from further interfering with the peaceful possession and enjoyment of petitioner's property rdh '' a Village, Rishikonda Mandal th ab“peffiio“''''""' P-^‘ng disposal of lA NO: 1 OF 2090 Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated m support of the petition, the High Court may be pleased to 3 T- ^4, extend the interim order dated .15.5.2019 passed in WP.No. 6588/2019 until further orders which was extended from time to time and pass Counsel for the Petitioner(S): 1.VS KRAMA RAO Counsel for the Respondent(S): 1.S LAKSHMINARAYANA REDDY(SC FOR GVMC) 2.GP FOR REVENUE (AP) 3.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: r^DER:- The petitioner has filed the present Writ Petition, aggrieved by the action of the respondents in demolishing part of the structure of the petitioner’s house in Survey No. 1/6 (3/3) of Pedda Rishikonda village, Rishikonda Mandal, Madhuravada Sub Division, Ward No.6, Visakhapatnam. I \ It is submitted that the petitioner is in possession of 934 square yards of property, over which a house is constructed. When the respondent authorities tried to dispossess the petitioner in a high-handed manner, the petitioner filed the present Writ Petition and this Court directed both the parties to maintain status quo. Therefore, the interim order was made absolute by this Court. 2. 3. Though, the writ petition is filed in the year 2019, no counters are filed by the respondents till date. The learned counsel for the petitioner submits that the writ petition can be disposed off in terms of the interim orders granted. 4. 5. Considering the submission, the Writ Petition is disposed off, directing the respondents not to disturb the peace of the petitioner without following due process of law. In the event, the respondent authorities intend to acquire the land of the petitioner for any public purposes, they would have essentially follow the provisions of the “Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 5 6. Accordingly, the Writ Petition is disposed off. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Visakhapatnam Municipal Corporation, Tenneti Bhavan, Near R.T.C. Bus Complex, Visakhapatnam. 3. The District Collector, Visakhapatnam, Maharanipeta, Visakhapatnam. 4. The Revenue Divisional Officer, Visakhapatnam Revenue Division, Collector Office Building, Maharanipeta, Visakhapatnam. 5. The Thasildar, Visakhapatnam Rural Mandal, ChinnaGadili, Visakhapatnam - 530040. 6. One CC to Sri V. S. K. Rama Rao, Advocate [OPUC] 7. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 8. 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 CD Copies. ssb r / HIGH COURT \ \ DATED:09/10/2025 ORDER WP No. 6588 OF 2019 0 k NOV 2025 )S ^QirrentSectioix'^A^ o «o DISPOSING OF THE W.P. WITHOUT COSTS