APHC010068002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3570/2025 Between: Masala Ravi Kumar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 HVS,J W.P.No.3570 of 2025 ORDER:- This Writ Petition is filed, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially respondent Nos.2 to 4 in interfering with the petitioner’s peaceful possession and enjoyment of the building bearing No.8-248-7 constructed in an extent of Ac.0.22 ½ cents in survey No.431/1A situated at Kalyandargam Municipality and Mandal, Anantapuramu District as illegal, arbitrary and against the principles of natural justice and also violation of Article 300A of Constitution of India and consequently direct the official respondents not to interfere with the petitioner’s peaceful possession and enjoyment of the building bearing No.8-248-7 constructed in an extent of Ac.0.22 ½ cents in survey No.431/1A situated at Kalyandargam Municipality and Mandal, Anantapuramu District...” 2. Heard Sri Seshadri Golla, learned counsel for the petitioner and Ms.V.Sireesha Rani, learned Standing Counsel for Municipality. 3. The case of the petitioner is that he is absolute owner of the land admeasuring Ac.0.22 ½ cents measuring East-West 97.6 feet, North-South 20 feet in Sy.No.431/1A situated at Kalyanadurgam Municipality, Kalyanadurgam Mandal, Anantapuramu District, having acquired the same under Registered sale deed bearing document No.1024 of 2000 dated 14.07.2000. In the year 2021, the petitioner obtained permission, vide permit No.1158/0040/B/KMC/BTA/2021 dated 09.11.2021 from the Kalyandurgam Municipality/2nd respondent herein for construction of a commercial building of ground plus 1st and 2nd floors. The petitioner constructed the building as per 3 HVS,J W.P.No.3570 of 2025 the approved plan, by leaving some open space on the north side of the building. Thereafter the building was assessed to property tax and house number bearing No.8-248-7 was also allotted to the said building. 4. While the matter stood thus, the respondent No.5 herein, who is neighbour residing on the southern side of the petitioner’s house, tried to interfere with the possession of the petitioner’s property highhandedly and thereafter he also instigated the Municipality and the respondent Nos.2 and 3 to interfere with the peaceful possession of the subject property. In the 1st week of October, 2024, the staff of the respondent Nos.2 and 3 have also tried to interfere with the peaceful possession of the petitioner over the subject property and the 2nd respondent issued the notice on 05.10.2024, alleging that the petitioner made unauthorized constructions, to which the petitioner submitted his explanation dated 14.10.2024, requesting to drop the said notice as he has not deviated the building permission and constructed the building as per the permission obtained by him. 5. The grievance of the petitioner is that again at the instigation of the 5th respondent, the 4th respondent issued the notice dated 01.02.2025, instructing the petitioner and others to appear on 04.02.2025 for conducting survey in respect of the land admeasuring an extent of Ac.0.22 ½ cents held by the 5th respondent in Sy.No.431-1A of Kalyanadurgam Revenue Village. The petitioner and others have appeared and thereafter the revenue authorities have also measured the property and the same tallied with the measurements 4 HVS,J W.P.No.3570 of 2025 in the documents of the subject property. But, however, after conducting the said survey, the official respondents kept quiet for all these days and recently, 2 days back, they again visited the premises and tried to interfere with the possession of the petitioner’s property. Hence, this writ petition. 6. On the other hand, learned Standing Counsel for the respondent No.2 has furnished the copy of instructions dated 10.02.2025, wherein, it is stated that the 5th respondent herein has submitted a representation to the Commissioner and Director of Municipal Administration, A.P. Vijayawada on 19.06.2023 alleging that the petitioner has constructed the building by deviating the Rules and encroached the public road. Basing on the said complaint, a notice under Section 217 (1) and 228 (1 & 2) of Andhra Pradesh Municipalities, Act 1965 was issued to the petitioner on 21.09.2024, directing him to remove the deviations and thereafter confirmation order under Section 228 (3) was also issued on 05.10.2024. 7. The petitioner has made an application dated 14.10.2024 for conducting survey requesting the respondent authorities to measure the site and the building so as to avoid unauthorized removal or pull down of the building to avoid loss. However, a joint survey was conducted in the presence of the petitioner and found that the deviation was made by the petitioner. Accordingly, the 2nd respondent-Municipality has issued the final notice on 19.10.2024 to the petitioner directing him to remove the deviations, which were earmarked and later the petitioner himself removed the deviation portion 5 HVS,J W.P.No.3570 of 2025 constructed by him. Again on 11.12.2024, the 5th respondent submitted a representation to the District Collector and the District Magistrate, Ananthapuram as well as to the Revenue Divisional Officer, Kalyanadurgam on 30.12.2024, again complaining that the petitioner has encroached the public road and accordingly, this office requested the Tahsildar, Kalyanadurgam to conduct a detail survey and to submit a survey report, in addition to demarking the road (rastha), which was encroached by the petitioner. 8. However, the Mandal Surveyor on 01.02.2025 had issued notices to all the land owners surrounding the petitioner’s land and thereafter, a survey was conducted in the presence of the petitioner as well as the neighbours and the report is still awaited. In the meanwhile, the petitioner has approached this Court alleging that the respondent officials are trying to interfere with the peaceful possession and enjoyment of the petitioner’s schedule property. 9. The learned Government Pleader for Revenue representing the respondent Nos.3 and 4 also furnished a copy of instructions of the respondent No.3 vide Rc.No.85/2025 dated 10.02.2025, wherein, it is stated that, basing on the complaint made by the 5th respondent for removing the encroachment on the road margin in Sy.No.431-1A1, the Kalyandurgam- Municipality has requested the revenue authorities to furnish the report for taking further action on the 5th respondent’s complaint. Basing on the request made by the 2nd respondent-Municipality, a notice under Section 23 of A.P. 6 HVS,J W.P.No.3570 of 2025 Survey & Boundaries Act, 1923 has been issued by the Mandal Surveyor on 01.02.2025, intimating that the survey of land in Sy.No.431-1A1 will be taken up on 04.02.2025 to the individuals, who are residing in Sy.No.431-1A1 of Kalyanadurgam and also to the petitioner. Accordingly, survey was taken up on 04.02.2025, which reveals that the boundaries of land in Sy.No.431-1A1 having an extent of Ac.0.22 ½ cents have been fixed and the said land is a patta land and the formation of roads in Sy.No.431-1A1 is vested with the owners of the said land. 10. It is further submitted that thereafter the 5th respondent has also been informed that the dispute with regard to the road in Sy.No.431-1A1 has been redressed duly discussing with the share holders of the said land. It is also submitted that they are not interfering with the subject property. 11. Having regard to the facts and circumstances of the case and in view of the instructions of the respondents that survey was conducted by the Revenue Department, which discloses that the petitioner constructed the subject building in a private patta land in which case, the respondents have no right to interfere with the petitioner’s possession over the schedule property. It is also to be noted that on receipt of notice issued by the 2nd respondent, the petitioner himself removed the deviated portion on his own and as on today, the petitioner’s building is existing in accordance with the building permission approved in the year 2021. In such a case, the respondents cannot interfere with the petitioner’s possession over the subject property. 7 HVS,J W.P.No.3570 of 2025 12. Accordingly, this Writ Petition is disposed of, directing the respondent authorities not to interfere with the peaceful possession of the petitioner’s over the subject property and in case the petitioner has made any constructions contrary to the building plan, the respondent authorities are at liberty to take appropriate steps for removal of subject illegal constructions, by following due process of law. There shall be no order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA 10.02.2025 PGT