IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4511 OF 2025 Between: Pinisetti Kumari, W/o. Late Pinisetti Raju, Aged42 Years. Occ; Private Job R/o. Banoji Thota, Gajuwaka, Visakhapatnam District. ...Petitioner AND 1. State of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Administration Department, Secretariat, Amaravati, Guntur District. 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 3. The Zonal Commissioner, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 4. Tahsildar, Pedagantyada Mandat, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents No. 2 to 4 in resorting to dispossess the petitioner by demolishing the structures of the petitioner as illegal, arbitrary and violation of Article 300-A of the Constitution of India and to consequently direct the respondents not interfere with the petitioner's residential house situated in an extent of 200 sq. yds in Sy. No. 83 of Gajuwaka Village and Mandal, Visakhapatnam District covered by power service connection SC No. 11132200GW035242. may to 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 petitioner’s residential house situated in an extent of 200 sq. yds in Sy. No. 83 of Gajuwaka Village & Mandal, Visakhapatnam District covered by power service connection SC No. 11132200GW035242 pending disposal of the writ petition. Counsel for the Petitioner: SRI V V SATISH Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC for MUNICIPALITIES Counsel for the Respondents 3 & 4: GP FOR REVENUE The Court made the following order: 1 % ‘APHC010087852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] 0^; THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4511/2025 Between; Pinisetti Kumari, ...PETITIONER AND State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1.VVSATISH Counsel for the Respondent{S): 1.GP FOR REVENUE 2.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 any writ, order or direction more particulariy one in the nature of Writ of Mandamus declaring the action of the Respondents No. 2 to 4 in resorting to dispossess the petitioner by demolishing the structures of the petitioner as illegal, arbitrary and violation of Article 300A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioner’s residential house situated in an extent of 200 sq.yards in Sy.No.83 of Gajuwaka Village and Mandal, Visakhapatnam District covered by power connection SC No. 11132200GW035242... ” service 2. The brief facts of the case are as follows: a) The petitioner is a widow and landless poor and her family has been in occupation of residential site situated in an extent of 200 Sq.yards in Sy.No.83 of Gajuwaka Village and Mandal, Visakhapatnam District. In the said site, the petitioner constructed a house and has also obtained power service connection and the petitioner is residing in the said house. b) The Government promulgated regularization scheme under G.O.Ms.No.30 Revenue (Lands.1) Department 29.01.2025. The scheme enables the occupants of unobjectionable government land by way of dwelling units to make an application for regularization of their occupation. The last date for submission of applications is 31.12.2025 under this scheme. The petitioner is eligible for the benefit provided under the above said G.O. 3 c) While so, on 14.02.2024, the staff of the 3^'^ respondent came to the petitioner’s subject house along with JCB and tried to demolish the structures. without issuing any notice to the petitioner. However, upon protest of the petitioner, the staff left the premises stating that they would come again to demolish the structures. d) The petitioner contends that 2^^ and 3'"'^ respondents are statutory authorities under the provisions of Visakhapatnam Municipal Corporation Act and thus if they want to interfere with the structures of the petitioner, they shall follow the procedure contemplated under Section 452 and 636 of the Act. But the respondents are not following the procedure contemplated under the Act but are resorting to highhanded demolition in order to dispossess the petitioner. Challenging the action of the respondents, the petitioner filed this writ petition. 3. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.1, Mr.A.S.C.Bose, learned Standing Counsel for respondents No.2 and 3 and learned Government Pleader for Revenue for respondent No.4. 4. Today, when the matter came up for hearing, learned Standing Counsel representing the 2'^'^ and 3^^^ respondents has informed this Court that they are not interfering with the petitioner’s possession over the subject property. But, th however, learned Government Pleader for Revenue representing the 4 respondent has informed this Court that as the land belongs to the 4 Government and as the petitioner have encroached the said Government land and tried to make certain constructions over the said property, the 4 respondent has interfered with the possession of the petitioner. But, however, has admitted that the authorities have not issued any notice to the petitioner th before interfering into the subject property. In view of same, instead of keeping the writ petition pending, the writ petition is disposed of directing the respondents not to interfere with the petitioner’s possession over the subject property without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also 6. stand closed. SD/-K.TATA RAO depu^registrar ' SECTION OFFICER //TRUE COPY// To, 1 The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Amaravati, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3. The Zonal Commissioner, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 4. Tahsildar, Pedagantyada Mandat, Visakhapatnam. 5. One CC to Sri V V Satish, Advocate [OPUC] 6. One CC to Sri A.S.C.Bose, SC for Municipalities [OPUC] 7. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CD Copies RAM HIGH COURT DATED:20/02/2025 * 2 0 MAR 2025 g ^ . Current Section ORDER WP.No.4511 of 2025 DISPOSING OF THE WP WITHOUT COSTS