IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUAR^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5141 OF 2025 Between: Smt. Santhoshi Devi Choudhary, W/o. Bhagaram Choudhary, Aged about 40 Years, Occ:Household Duties, R/o. 6-81-8/4, Vishweswaraya Nagar, Vadlapudi Village, Gakuwaka Mandal, Visakhapatnam District. ...PETITIONER AND 1. The State of AP, Rep.by its Principal Secretary, Municipal Administration Department, Secretariate, 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, Gajuwaka Mandal Visakhapatnam. 5. Karnamreddy Yekasi Naidu, S/o. Not known to the petitioner, R/o. D No. 6-81-8/13, Vishweswaraya Nagar, Revenue Ward-71, Gajuwaka, Visakhapatnam 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 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 0 respondents not to interfere the petitioners house property situated in an extent of 95 sq yds in Sy. No. 87/2, Ward No. 71 covered by house bearing D. No. 6-81-8/4, Vadlapudi Village, Gajuwaka Mandal Visakhapatnam District. lA NO: 1 OF 2025 .t 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 to 4 not to demolish the house structures existing in the petitioner’s property situated in an extent of 95 sq yds in Sy. No. 87/2, Ward No. 71 covered by house bearing D. No. 6-81-8/4, Vadlapudi Village, Gajuwaka Mandal, Visakhapatnam District, pending disposal of the writ petition. Counsel for the Petitioner iSRL V V SATISH Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No’s. 2 & 3: SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5: ™ The Court made the following ORDER: ■t. APHC010100372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] TUESDAY .THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5141/2025 Between: Santhoshi Devi Choudhary ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VVSATISH Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- .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 to interfere the petitioners house property situated in an extent of 95 sq yds in Sy. No. 87/2, Ward No. 71 covered by house bearing D. No. 6-81-8/4, Vadlapudi Village, Gajuwaka Mandal Visakhapatnam District, and to pass...” The petitioner herein is the absolute owner and possessor of residential house situated in an extent of 95 square yards in Sy.No.87/2, Vadlapudi Village, Gajuwaka mandal, Visakhapatnam district, having purchased the same by virtue of registered gift settlement deed dated 08.02.2024 bearing document No. 1047 of 2024. Thereafter, on the complaints made by respondent No.5, who is the neighbor of the petitioner, the staff of respondent Nos.3 and 4 visited the petitioner’s premises and informed her to vacate the premises within a period of seven (7) days, but, however, without issuing any prior notice and without following the due process stipulated under Sections 452 and 636 of the Municipal Corporation Act, 1955. Aggrieved by which, the petitioner has filed the present petition. 2. Heard learned counsel for the petitioner, Sri. A.S.C. Bose, learned Standing Counsel for respondent Nos.2 and 3, learned Government Pleader for Revenue. 3. \ During the course of arguments, learned Standing Counsel \ representing respondent Nos.2 and 3 has informed this Court that the land claimed by the petitioner is a government land as per the revenue records, but, however has submitted that the respondent Nos.2 and 3 are not 4. interfering with the possession of the petitioner over the subject property in an \ extent of 95 square yards in Sy.No.87/2, Vadlapudi Village, Gajuwaka mandal, Visakhapatnam district. Learned Government Pleader for Revenue also submits that the revenue authorities are also not interfering with the petitioner’s possession over the subject property in an extent of 95 square yards in Sy.No.87/2, Vadlapudi Village, Gajuwaka mandal, Visakhapatnam district. Learned Government Pleader further submitted that if at all they intend to interfere with the petitioner’s possession over the subject property, they would follow due process of law. 5. Though it is the claim of respondent Nos.2 and 3 that the land claimed by the petitioner is a Government land as per the revenue records, it is an admitted fact that without issuing any notice to the petitioner, the respondents have tried to interfere with the petitioner’s possession over the subject property. 6. In view of the above, this writ petition is disposed of and the respondent Nos.2 to 4 are directed not to interfere with the possession of the petitioner over the house property bearing D.No.6-81-8/4 situated in an extent of 95 square yards in Sy.No.87/2, Vadlapudi Village, Gajuwaka mandal, Visakhapatnam district, without following due process of law. 7. Accordingly, with the above direction, thrs writ petition is disposed of. There shall be no order as to costs. 8. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- G. HELA NAIDU assistant registrar /n-RUE COPY// OFFICER ,SEC To Principal Secretary, Municipal Administration Department, State of AP, Secretariate, Amaravati, Guntur District. 1. The m 2. The Commissioner, Greater Visakhapatnam, Municipal Corporation Visakhapatnam. 3. The Zonal Commissioner, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 4. The Tahsildar, Gajuwaka Mandal Visakhapatnam. 5. The Zonal Commissioner, Gajuwaka Zone, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. OneCCto SRI. V V SATISH Advocate [OPUC] 7. One CC to SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION [OPUC] 8. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court Of Andhra Pradesh. [OUT] 9. Two CCs to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] 10. Three CD Copies PRK % HIGH COURT DATED:25/02/2025 ORDER ANDAf;q X 2 ^ MAR 2025 WP.No.5141 of 2025 o Cor Current Section . DISPOSING OF THE W.P. WITHOUT COSTS