1 APHC010085632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4426 OF 2025 Between: Puram Nagaraju ...PETITIONER AND The State of A.P. and another ...RESPONDENT(S) Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ or Order or a Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the respondent No.2 in interfering with the property of the petitioner in Door bearing No.3/146-14-10-1-A, Sy.No.105/1, 2 and 3, Plot No.5 of Madanapalle Town, Annamayya District, Andhra Pradesh in an extent of 122.22 Sq yards in Electricity Service Connection No.5211700082554, Municipal Tax Assessment No.1009029753 to demolish the same without there being any notice as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India as well as oppose to principles of natural justice consequentially direct the respondents more particularly the respondent No.2 not to interfere with the property of the petitioner in Door bearing No.3/146-14-10-1-A, Sy.No.105/1, 2 and 3, Plot No.5 of Madanapalle Town, Annamayya District, Andhra Pradesh in an extent of 122.22 Sq yards in Electricity Service Connection No.5211700082554, Municipal Tax Assessment No.1009029753 …” 2. The petitioner purchased a house bearing Door No.3/146-14-10-1-A, Sy.No.105/1, 2 and 3, Plot No.5 of Madanapalle Town, Annamayya District, Andhra Pradesh in an extent of 122.22 Sq yards which is within 122.22 sq.ayrds from its rightful owner through registered sale deed dated 02.03.2023. Since the date of purchase, the petitioner is in peaceful possession and enjoyment of the same. Prior to purchase of the constructed thatched house, the 2nd respondent authority assessed the subject property and also imposed the property tax. It is further stated that the respondent authority imposed tax on 30.05.2024. Subsequently, the Electricity 3 Department also gave service connection. The petitioner is paying property tax regularly. While the matter being so, without issuing any notice, on 17.02.2025, the staff of the 2nd respondent came to the petitioner’s property and claiming that they will demolish the structure. Challenging the said action of the respondents, the petitioner filed this present writ petition. 3. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.2. 4. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2 filed a copy of instructions of the Commissioner, Madanapalle Municipality, wherein it is stated that the subject house is an old house and to the knowledge and enquiry made by this office, there are no new constructions being made over the said land. It is further submitted that the Madanapalli Municipality has not initiated any action as against the petitioner for the present as there are no new constructions. 5. In view of the fact that the respondents have not initiated any action against the petitioner, as no new constructions have been made by the petitioner, the question of demolition or interference does not arise. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s possession over the subject property. 4 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 20.02.2025 KGR