APHC010709092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 36318/2025 Between: 1. IPPILI PANDU RANGA RAO, S/O LATE BHASKAR RAO, AGED ABOUT 52 YEARS, RIO D.NO. 15-6-2, MAHARANI PETA, NEAR KANAKA DURGA NURSING HOME, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH - 530002. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT - 530002. 4. THE COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC), VISAKHAPATNAM - 530003. 5. THE COMMISSIONER, VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY (VMRDA), VISAKHAPATNAM - 530001. 2 VS,J W.P.No.36318 of 2025 6. THE TAHSILDAR, VISAKHAPATNAM (URBAN), VISAKHAPATNAM DISTRICT - 530001. 7. E SRINIVAS RAO, S/O E. NOOKARAJU, RIO D.NO. 11-33/3, DURGA NAGAR, VEPAGUNTA, VISAKHAPATNAM - 530029. ...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 respondent authorities, more particularly the 4th and 5th respondents, in intending to demolish the compound wall on the eastern side of the petitioner's land situated in Survey No. 30, Chinna Waltair Village, Lawsons Bay Colony, near Nandi Gudi, Visakhapatnam, basing solely on an anonymous complaint lodged by the 7th respondent on 24.12.2025, without issuing any notice and without following due process of law, as illegal, arbitrary, irrational, and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 21, and 300A of the Constitution of India, and to consequently restrain the respondents from initiating any coercive steps including demolition or interference with the petitioner's possession over the subject property without following due process of law and to 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 pleased to direct the respondent authorities, more particularly the 4th and 5th respondents, not to take any coercive steps, including demolition of the compound wall, eviction, or interference of any nature, in respect of the petitioner's land situated in Survey No. 30, Chinna Waltair Village, Lawsons Bay Colony, near Nandi Gudi, Visakhapatnam, pursuant to or in consequence of the anonymous complaint dated 24.12.2025 lodged by the 7th respondent, and without issuing notice and without following due process of law, and to pass Counsel for the Petitioner: 3 VS,J W.P.No.36318 of 2025 1. G V S KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 VS,J W.P.No.36318 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities, more particularly the 4th and 5th respondents, in intending to demolish the compound wall on the eastern side of the petitioner's land situated in Survey No. 30, Chinna Waltair Village, Lawsons Bay Colony, near Nandi Gudi, Visakhapatnam, basing solely on an anonymous complaint lodged by the 7th respondent on 24.12.2025, without issuing any notice and without following due process of law, as illegal, arbitrary, irrational, and violative of the principles of natural justice and the fundamental rights guaranteed under Articles 14, 21, and 300A of the Constitution of India, and to consequently restrain the respondents from initiating any coercive steps including demolition or interference with the petitioner's possession over the subject property without following due process of law and to pass….” 2. The petitioner herein is said to have purchased the land admeasuring 135 square yards in plot No.B-31, LIG situated at Lawsons Bay Colony in Sy.No.30, Chinna Waltair village, Visakhapatnam, by way of a registered document No.1864 of 2016, dated 29.01.2016. Ever since, the petitioner has been in possession of the same. 3. While the matter stood thus, basing on a complaint made by the 7th respondent, the respondent Nos.4 and 5 have visited the petitioner’s property and threatened the petitioner to demolish the compound wall situated on the 5 VS,J W.P.No.36318 of 2025 eastern side of the petitioner’s land, without issuing any prior notice or by following the due procedure of law contemplated under law. Aggrieved by the said action of the respondents, the present writ petition is filed. 4. Heard Sri. G.V.S. Kishore Kumar, learned counsel for the petitioner and Sri. A.S.C. Bose, learned Standing Counsel for the respondents. 5. Today when the writ petition came up for hearing, learned Standing Counsel, on oral instructions has submitted that pursuant to a complaint made by the 7th respondent, respondent Nos.4 and 5 have only inspected the petitioner’s property, but have not tried to interfered with the peaceful possession and enjoyment of the subject property. 6. Recording the said submission, this Court, instead of going into the merits of the case, feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the peaceful possession of the petitioner over the subject property, without following due process of law. 7. In the result, this writ petition is disposed of and the respondent authorities are directed not to interfere with the possession of the petitioner over the property situated in Sy.No.30, Chinna Waltair village, Lawsons Bay 6 VS,J W.P.No.36318 of 2025 Colony, near Nandi Gudi, Visakhapantam, without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 26.12.2025 Gss