IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT I THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 5120 OF 2025 Between: 1. Mohammed Meera Mohiuddin, S/o.Late Md.Yakub, aged 48 2. Mohammed Saleema, W/o.Md.Naushad. aged 47 years. Both 1 and 2 having residence at Door No. 14-1-10, Sangeeva Colony, Bhanoji Thota, Revenue Ward No.50, New Gajuwaka, Visakhapatnam. ...PETITIONERS years. AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development, A.P. Secretariat, Velagapudi, Amaravati Andhra Pradesh - 522 238 2. Greater Visakhapatnam Municipal Corporation, Rep by its Commissioner, Tenneti Bhavan, Asilmetta Junction, Visakhapatnam - 530 005 3. The Tahsildar, Gajuwak Mandal, Office at 100 Feet Road, Opposite Municipal Office, Gajuwaka, Visakhapatnam District - 530 026. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in interfering with the construction of residential buildings on 2 adjoining residential plots, each measuring an extent of 166.66 sq.yds in Sy.No.86 of Gajuwaka along with premises bearing Door No. 14-1-10, Revenue Ward No.50, Bhanoji Thota, Gajuwaka, Visakhapatnam, without notice and without following due process of law and their action in threatening to demolish the structures being erected by us as illegal, arbitrary, high handed and unconstitutional and consequently direct the respondents not to interfere with the petitioner's possession and enjoyment over 2 adjoining residential plots, each measuring an extent of 166.66 sq.yds in Sy.No.86 of Gajuwaka along with premises bearing Door No. 14-1-10, Revenue Ward No.50, Bhanoji Thota, Gajuwaka, Visakhapatnam. 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 interfere with the construction activities being carried out by the petitioners at premises bearing Door No.14-1-10, Revenue Ward No.50, Bhanoji Thota Visakhapatnam pending disposal of the above writ petition. Gajuwaka, Counsel for the Petitioners: SRI MEKA RAHUL CHOWDARY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3: GP FOR REVENUE The Court made the following: ORDER APHC010099502025 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: 5120/2025 Between: ...PETITIONER(S) Mohammed Meera Mohiuddin and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S); 1.MEKA RAHUL CHOWDARY Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP 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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in interfering with the construction of residential buildings on 2 adjoining residential plots, each measuring an extent of 166.66 sq.yds in Sy.No.86 of Gajuwaka along with premises bearing Door No. 14-1-10, Revenue Ward No. 50, Bhanoji Thota, Gajuwaka, VIsakhapatnam, without notice and without following due process of law and their action in threatening to demolish the structures being erected by us as illegal, arbitrary, high handed and unconstitutional and consequently direct the respondents not to interfere with the petitioner's possession and enjoyment over 2 adjoining residential plots, each measuring an extent of 166.66 sq.yds in Sy.No.86 of Gajuwaka along with premises bearing Door No. 14-1- 10, Revenue Ward No. 50, Bhanoji Thota, Gajuwaka, VIsakhapatnam and to pass...” The brief facts of the case are that in a layout in Sy.No.86 of Gajuwaka Village, the father of the petitioners herein has purchased plot Nos.319 and 320 admeasuring a total extent of 1364 square yards vide sale deed dated 17.09.1970 and ever since, they have been in possession of the same. After the demise of the petitioners’ parents, the subject property was divided into eight equal shares and accordingly, the petitioners herein became the absolute owners of plots each admeasuring 166.66 square yards in Sy.No.86 of Gajuwaka. 2. As the residential house existing in the said plot was in a 3. nd dilapidated condition, the petitioners have submitted an application to the 2 respondent seeking permission for construction of new building; accordingly, petitioner was granted permission vide building permit St the 1 No. 1086/52018B/Z6/BTA/2024, dated 24.01.2025 and the 2"*^ petitioner was T granted permission vide permit No. 1086/0199/B/X6/BTA/2025, 29.01.2025 for construction of G+4 floors RCC buildings. In pursuance of the building permissions granted in their favour, the petitioners have started constructing buildings in their respective plots. The grievance of the petitioners is that, the staff of the respondent No.3 started interfering with the possession of the petitioners’ property without issuing any notice and without following due procedure of law. Aggrieved by the aforesaid action of the respondent authorities, the petitioners have filed the present writ petition. dated 4. 5. Heard learned counsel for the petitioners, Sri. A.S.C. Bose, learned Standing Counsel for respondent Municipal Corporation and learned Government Pleader for Revenue. 6. Today when the writ petition came up for hearing, learned Standing Counsel appearing for respondent No.2, orally informed this Court that as the petitioners herein have made unauthorized constructions, the respondent authorities have already issued provisional notice under Sections 452(1) and 461(1) read with 428, 429 of the Andhra Pradesh Municipal Corporation Act, 1955 to the 1®* petitioner on 28.01.2025 duly directing him to remove/alter or pull down the unauthorized constructions within a period of seven (7) days from the date of receipt of the notice, failing which, action would be initiated as per provisions laid down under Section 452(2) and 461(2) of Andhra Pradesh Municipal Corporation Act, 1955. Learned Standing Counsel further submitted that a similar notice was also issued to the 2"^ petitioner herein on 10.02.2025 and that both the petitioners have acknowledged the receipt of the provisional notices dated 28.01.2025 and 10.02.2025; further stated that in spite of submitting their explanation in pursuance to the said provisional notices, the petitioners have approached this Court. Hence, requested to dismiss the writ petition. 7. 8. Learned counsel for the petitioners on the other hand has raised objection with regard to the issuance of the provisional notices on the ground that they were not served on them. He further contended that the respondent authorities are interfering with the peaceful possession of the petitioners herein over the subject property without following due process of law. an Upon hearing learned counsel on either side, it can be understood that the petitioners herein are the absolute owners of plots each admeasuring 166.66 square yards in Sy.No.86 of Gajuwaka and were granted permission for construction of G+4 floors buildings. While so, it is alleged that the respondent authorities started interfering with the peaceful possession of the petitioners over the subject property. However, on a perusal of the copy of notices issued by the respondent authorities to the petitioner Nos.1 and 2, it is evident that the petitioners herein have acknowledged the receipt of the said notices by duly signing on the same. In view of the fact that the petitioners herein have made unauthorized constructions, provisional notices dated 28.01.2025 and 10.02.2025 were issued to both the petitioners herein under Section 452(1) and 461(1) read with 428, 429 of the Andhra Pradesh Municipal Corporation Act, 1955. Though the petitioners claim that the said provisional notices were not served on them, on a perusal of the said provisional notices which were furnished by learned Standing Counsel, it is evident that the petitioners have acknowledged the same. 9. 10. 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 petitioner Nos.1 and 2 herein to submit their respective explanations to the provisional notices dated 28.01.2025 and 10.02.2025 within a period of two (2) weeks from the date of receipt of a copy of this order. Upon receipt of such explanations from the petitioners, the respondent authorities are directed to 11. conduct enquiry by giving notice to the petitioners calling for the documents to prove their title over the subject property and then pass appropriate orders in accordance with law. The said process shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed not to interfere with the possession of the petitioners over their respective properties in door No. 14-1-10, revenue ward No.50, Bhanoji Thota, Gajuwaka, Visakhapatnam. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. i 12. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMWIA assistant REGI AR //TRUE COPY// ION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati Andhra Pradesh - 522 238 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Asilmetta Junction, Visakhapatnam - 530 005 3. The Tahsildar, Gajuwak Mandal, Office at 100 Feet Road, Opposite Municipal Office, Gajuwaka, Visakhapatnam District - 530 026. 4. One CC to Sri Meka Rahul Chowdary, Advocate [OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb HIGH COURT DATED:25/02/2025 ORDER ANS^ WP.No.5120 of 2025 1 t MAR 2025 I Secti*n . ^ DISPOSING OF THE W.P. WITHOUT COSTS