IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2990 OF 2025 Between: 1. Yaragala Sulochanamma, W/o. Krishnaiah, aged about 65 years, R/o. Putta Veedhi, Avusthota, Buchireddipalem Mandal, SPSR Nellore District 2. Vallepu Seshagiri, S/o. Tirupataiah, Aged about 53 years, R/o. Gandhi Nagar, Buchireddipalem, Buchireddipalem Mandal, SPSR Nellore District. ...PETITIONERS AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat buildings. Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2. The Buchireddipalem Nagara Panchayat, Rep. by its Commissioner, Buchireddipalem, SPSR Nellore District. ...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 of mandamus or any other appropriate writ of direction declaring the action of the 2"'^ respondent in trying to demolish the shops belonging to the petitioners in an extent of Va Ankanams each, situated in Ward No. 10, adjacent to ASR Vegetable Market, Market Street, Buchireddipalem Nagara Panchayat, SPSR Nellore District as illegal, arbitrary, violation of Principles of Natural Justice and in violation of 9 principles of A.P. Municipalities Act, 1965 and consequently direct the- respondents not to demolish the shops belonging to the petitioners constructed in an extent of % Ankanams each, situated in Ward No. 10, adjacent to ASR Vegetable Market, Market Street, Buchireddipalem Nagara Panchayat, SPSR Nellore District. 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 respondents not to demolish the shops belonging to the petitioners constructed in an extent of % Ankanams each, situated in Ward No. 10, adjacent to ASR Vegetable Market, Market Street, Buchireddipalem Nagara Panchayat, SPSR Nellore District pending disposal of the Writ petition. Counsel for the Petitioners: SRI C. SUBODH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. SUDHEER, SC FOR NAGAR PANCHAYAT The Court made the following: ORDER 1 I high court of ANDHRA PRADESH at AMARAVATI (Special Original Jurisdiction) FRIDAY. THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT honourable SMT justice V.SUJATHA ^^fPiT PFTITION NO- 2990/2025 APHC010057512025 IN THE [3333] THE Between; Yaragala Sulochanamma ...PETlTlONER{S) and others AND ...RESPONDENT(S) of Andhra Pradesh and others State Counsel for the Petitioner(S); 1.CSUBODH Counsel for the Respondent(S). muncipal admn and urban dev ap The Court made the following. 1.GP 2 ^4 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; writ of mandamus or any other appropriate writ or “....to issue a direction declaring the action of the 2^^ respondent in trying demolish the shops belonging to the petitioners in an extent of % Ankanams each, situated in Ward No.10 adjacent to ASR Vegetable Market, Market Street, Buchireddipalem Nagara Panchayat, SPSR Nellore District as illegal, arbitrary, violation of Principles of Natural Justice and in violation of principles of A.P. Municipalities Act, 1965 and consequently direct the respondents not to demolish the shops belonging to the extent of Ankanams each. to petitioners constructed in an situated in Ward No.10, adjacent to ASR Vegetable Market, Market Street, Buchireddipalem Nagara Panchayat, SPSR Nellore District The brief facts of the case are as follows: 2. extent of % ankanams each in a) The petitioners are having land to an Ward No.10, adjacent to ASR Vegetable Market, BuchireddipalemNagara Panchayat. The petitioners constructed small shops in the said land 25 years ago and have been doing provisions business and Market Street, the income derived is only source of their livelihood. b) While the matter being so, when the Panchayat Secretary tried to petitioner and 2'^'^ petitioner’s father interfered with their possession, the 1 i.e., Tirupataiah along with one Shaik Khajavali filed W.P.No.6644 of 2014 before this Court. The said writ petition was disposed of, directing the respondent authorities not to take coercive steps either to demolish the shop rooms or to dispossess the petitioners therefrom, except in accordance with 3 of law, the Grampanchayat for which, the without following due process law. However, orders directing the petitioners to vacate the premises explanation. But, inspite of the same trying to dispossess the petitioners passed , as the petitioners submit their Grampanchayat authorities were constrained to file W.P.No.9566 of 2015, which was disposed , the petitioners were Court directing the respondents therein not to dispossess the of by this without considering their explanation. petitioners Buchireddipalem Grampanchayat was upgraded to 03.02.2025 the staff of the c) Subsequently, the a Nagara Panchayat. While the matter being so 2"'^ respondent came to the petitioners' which, the petitioners submitted all the , on shop and tried to demolish the shops documents establishing their right in W.P.No.6644 of 2014 and on the said shops, and also the orders in W.P.No.9566 of 2015. However, without and title over considering the said orders, the to demolish the shops in the constrained to file this writ respondent authorities have been threatening such, the petitioners are subject property, as petition. 4. Heard the learned counsel for the petitioners for the respondents. and the learned counsel learned Standing Counsel of instructions of the Today, when the matter came up for hearing for the 2 5. respondent furnished a copy Nagar Panchayat/2"'^ respondent, wherein it which the petitioners are doing business, is nd appearing Commissioner, Buchireddypalem is stated that the subject land, in 4 an open space earmarked for the public purpose vide LP No. 121/91. It is also stated that as the said area was encroached by others since 25 years the respondents have demolished other shops in the said area by following due procedure. In the said process, an encroachment notice was given to both petitioners on 31.01.2025, which were refused by the petitioners herein. But however, they requested two days time to submit their explanation and has C approached this Court by way of this writ petition. As per the said instructions, it can be understood that though it is an admitted fact that the petitioners were doing business for the past 25 years in the subject land, but however, as the said land is an open space earmarked for public purpose vide LP No.121/91, the respondents in the process of 6. following due process of law have issued encroachment notice to both the petitioners on 31.01.2025, but instead of submitting explanation to the said notice, the petitioners have approached this Court by way so present writ petition. In view of the above facts and circumstances, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioners to submit explanation to the said encroachment notice dated 31.01.2025, within a period of one week from the date of receipt of a copy of this order. On receiving the same, the respondents are directed to conduct an enquiry and verify the documents filed by the petitioners and then proceed in accordance with Iqw. Till such time, the 7. 5 . respondents are directed not to interfere with over the subject property. the possession of the petitioners 8. With the above, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending if any, in this Writ Petition shall stand closed. assistant registrar /^SEcl //true copy// N OFFICER To, 1. The Principal Secretary, Municipal Administration Department State of Andhra Pradesh, Secretariat buildings. Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2. The Commissioner, Buchireddipalem Nagara Panchayat, Buchireddipalem, SPSR Nellore District. 3. One CC to Sri C. Subodh, Advocate [OPUC] 4. One CC to Sri M. Sudheer, SC for Nagar Panchayat[OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:07/02/2025 c 2 0 MAR 2Q25 ^ . Current beciion ORDER WP.No.2990 of 2025 <»/r DISPOSING OF THE W.P. WITHOUT COSTS