IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATM^ (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY \/ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA X' v*-' WRIT PETITION NO: 3451 OF 2025 Between: Chigumpati Thyagaraj, S/o. C.Prakasam Aged about 49 years, Occ; Business, R/o.D.No.16/116, Masapet, Kadapa, Y.S.R District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Kadapa Municipal Corporation, Kadapa, Y.S.R District, rep., by its Commissioner. 3. The Town Planning Officer, Kadapa Mu^pal Corporation, Kadapa, Y.S.R District.-'-* 4. The Revenue Divisional Officer, Kadapa Revenue Division, Y.S.R District. 5. The Tahsildar, Kadapa Mandal, Y.S.R District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 and 3 in attempting to demolish the Water plant established by the petitioner in the land in an extent of Ac. 0.02 V2 cents in % Sy.No.33, Masapet Village fields, Kadapa Municipal Corporation, Y.S.R District without adhering to the due process of law, as arbitrary, illegal, contrary to the well established legal principles, apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles, 14,19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.2 and 3 not to demolish M/s. Thyagaraju Water Filter plant established by the petitioner in the land in an extent of Ac.0.02 ‘'A cents in Sy.No.33, Masapet Village fields, Kadapa Municipal Corporation, Y.S.R District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 No.2 & 3 not to interfer^with M/s. Thyagaraju VVater Filter plant over the land in an extent of Ac.0.02 72 cents in Sy.No.33, Masapet Village ^field^, Kadapa Municipal Corporation, without adhering to due process of law, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 4 & 5: GP FOR REVENUE Counsel for the Respondent Nos. 2 & 3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION) The Court made the following: ORDER 1 < APHC010065952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] FRIDAY ,THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT WRIT PETITION NO: 3451/2025 Between: ...PETITIONER Chigurupati Thyagaraj AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VR REDDY KOVVURI Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE The Court made the following: 2 i ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following reiief: “....may be pleased to issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No 2 and 3 in attempting to demolish the Water plant established by the petitioner in the land in an extent of Ac 0 02 cents in Sy.No.33 Masapet Viiiage fields, Kadapa Municipal Corporation YS R District without adhering to the due process of law arbitrary illegal contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles 14 19 21 and 300A of the Constitution of India and consequently direct the respondents No 2 and 3 not to demolish M/s Thyagaraju Water Filter plant established by the petitioner in the land in an extent of Ac 0 02 y2 cents in Sy No 33 Masapet Village fields Kadapa Municipal Corporation Y S R District and pass such ” Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration and Urban as 02 Development. The case of the petitioner is that respondent No.4 having recognized the long standing possession of the petitioner over the subject land, has granted patta in favour of the petitioner and thereafter Municipal authorities have also assessed the said house for property tax. The petitioner has established R.O. water plant in the name and style of M/s.Thyagaraju Water Filter, the electrify department basing on the feasibility certificate issued by respondent No.4 has granted electricity connection to the said water plant. 3. 3 thereafter, the petitioner obtained trade license from respondent No.2 to carry on the operation of said water plant. While the matter being so, when respondent No.3 started threatening the petitioner to evict the petitioner from the subject land, he approached respondent No.2 and submitted written representation on 24.01.2025 duly enclosing the patta granted in his favour to prove his title. In spite of it, respondent No.2 came to the subject land on 06.02.2025 along with JCB and tried to dismantle the RO water plant of the petitioner without giving any notice. Hence, the writ petition. 04. Today, when the matter came up for hearing at admission stage, the learned Standing Counsel has furnished the copy of the written instructions of the Commissioner, Municipal Corporation dated 07.02.2025, wherein it is stated that the petitioner has unlawfully constructed an unauthorized room and established a water purification plant without obtaining the necessary approvals from the concerned respondent authorities. Further it is specifically stated that the land in Sy.No.32, 33 and 303/1 of Chinnachowk and Nagarajupalli village has been classified as unobjectionable Government land. Respondent No.2 has placed the subject matter concerning the allotment of land under unauthorized occupation of unobjectionable Government land before the General Body of the Kadapa Municipal Corporation. The General Body, through Resolution No.218, dated 25.01.2024, has approved the 4 y proposal for the allotment of such land by way of dwelling units for eligible persons. Further, respondent No.5, through proceedings Ref.NO.A/1305/2022 , dated 27.01.2024, submitted a report to Respondent No.4, stating that upon physical verification, a total of 328 occupants have been identified for the allotment of land in unauthorized occupation of unobjectionable Government land by way of dwelling units in Kadapa Mandal. The matter has been placed before the Sub-Divisional Level Approval Committee (SDLAC) and is currently ► ‘f pending approval. Perused the material available on record. As per the said instructions, it can be understood that the proposals for grant of patta in favour of the petitioner and other eligible persons is under consideration before the respondent authorities. However, it is an admitted fact that the respondents have not issued any prior notice directing the petitioner to vacate the said premises. 05. 06. In view of the same, without going into the merits of the case, the writ petition is disposed of at the admission stage directing the respondent authorities not to interfere with the peaceful possession of the petitioner to an extent of Ac.0.02 cents in Sy.No.33, Masapet Village fields Kadapa, Municipal Corporation, YSR District without following due process of law. 5 7. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall Stand closed. Miscellaneous petitions pending, if any, shall stand closed. Note: The Learned Standing Counsel i Corporation about this order. IS directed to inform the Municipal ^.^^■jy> PRABHAKAR RAO assistant registrar //TRUE COPY// SECTION OFFICER To, SecretrriaTSwLnnf^T^f'"^ Municipal Administration Department cretariat Buildings, Velagapudi, Amaravathi, Guntur District. Dis1ric^°'^'^'®®'°''®'‘’ Municip^ Corporation, Kadapa, Y.S.R rl.R Corporation 4. The Revenue Divisional Officer District. Kadapa Kadapa Revenue Division, Y.S.R 5. The Tahsildar, Kadapa Man^l, Y.S.R District. 6. One CC to Sri V R Reddy Kovvuri Advocate [OPUC] ^^“de^shJOU?^ Adm'ifurban Dev, High Court of Andhra 8. Two CCS to GP for Revewejjigh Court of Andhra Pradesh. [OUT] ^ [o"pUC? *° S C Bose (SC for Municipal 10. Three CD Copies Corporations) Advocate TF HIGH COURT DATED:07/02/2025 ORDER WP.No.3451 of 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS