APHC010494842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 26891/2026 Between: 1. SOMIREDDY KRISHNA,, S/O. S. NOOKARJU,OCC- PRIVATE EMPLOYEE AGED 41 YEARS, R/O. H.NO.02-02-82/1, NARSINGARAOPETA, KOTTURU, RAJUPALEM, ANAKAPALLI MANDAL, ANAKAPALLI DISTRICT - 531019 2. SOMIREDDY LAKSHMI,, W/O. S. NOOKARAJU, OCC- AGRICULTURE AGED 62 YEARS, R/O. H.NO.02-02-82/1, NARSINGARAOPETA, KOTTURU, RAJUPALEM, ANAKAPALLI MANDAL, ANAKAPALLI DISTRICT - 531019. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NEHRU CHOWK, FOUR ROAD JUNCTION, NIDDANAM DODDI, GVMC, ANAKAPALLI (ZONE-VII), ANAKAPALLI, ANAKAPALLI DISTRICT - 531001. 3. THE ASSISTANT CITY PLANNER, NEHRU CHOWK, FOUR ROAD JUNCTION, NIDDANAM DODDI, GVMC, ANAKAPALLI (ZONE-VII), ANAKAPALLI, ANAKAPALLI DISTRICT - 531001. 4. THE EXECUTIVE ENGINEER/ASSISTANT ENGINEER, NEHRU CHOWK, FOUR ROAD JUNCTION, NIDDANAM DODDI, GVMC, ANAKAPALLI (ZONE-VII), ANAKAPALLI, ANAKAPALLI DISTRICT- 531001 ...RESPONDENT(S): 2 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 toto issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents in interfering and trying to demolish the compound wall and house of the petitioners situated in Plot No.10 admeasuring Ac.0.03 cents in Sy.No.75/4, 41/P and Plot No.103 admeasuring Ac.0.03 cents in Sy.No.76/3, 4/P situated in KotturuNarsingarao Peta, Rajupalem Village, Anakapalli District, without any notice as illegal, arbitrary and violative of articles 14, 16 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the land of the petitioners situated in Plot No.10 admeasuring Ac.0.03 cents in Sy.No.75/4, 41/P and Plot No.103 admeasuring Ac.0.03 cents in Sy.No.76/3, 4/P situated in KotturuNarsingarao Peta, Rajupalem Village, Anakapalli District IA NO: 1 OF 2026 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 land of the petitioners situated in Plot No.10 admeasuring Ac.0.03 cents in Sy.No.75/ 4, 41/P and Plot No.103 admeasuring Ac.0.03 cents in Sy.No.76/ 3, 4/P situated in KotturuNarsingarao Peta, Rajupalem Village, Anakapalli District pending disposal of the above writ petition Counsel for the Petitioner(S): 1. G R SUDHAKAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 WRIT PETITION NO:26891 of 2026 ORDER:- Heard Sri G.R.Sudhakar, learned counsel for the petitioners and Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent Nos.2 and 3. 2. The instant writ petition is filed challenging the action of the respondents in interfering with the petitioner's possession and proposing to demolish the compound wall and house of the petitioners situated in Plot No.10 admeasuring Ac.0.03 cents in Sy. No.75/4, 41/P and Plot No.103 admeasuring Ac.0.03 cents in Sy. No.76/3, 4/P, situated in Kotturu Narsingarao Peta, Rajupalem Village, Anakapalli District, and proposing to construct a drain canal over the petitioners' property without issuing any notice to them. 3. Sri G.R.Sudhakar, learned counsel for the petitioners would submit that the mother and paternal aunt of the 1st petitioner were granted patta in the year 1993. They, during their lifetime, had executed Will deeds in favour of the 1st petitioner. The two extents of land are claimed to be adjacent, the 1st petitioner therefore constructed a compound wall and also a house in the year 2012 within the total extent of land. The said land was initially within the Rajupalem Gram Panchayat and thereafter the same has merged with the Greater Visakhapatnam Municipal Corporation (GVMC) limits. It is contended that the 1st petitioner has been paying the property tax to the GVMC in respect of the residential house of the 1st petitioner. In the light of the same, it is contended that the action of the respondents in proposing to demolish the 4 compound wall without issuing any notice to the petitioners is highly arbitrary and in violation of the principles of natural justice. 4. Sri A.S.C.Bose, learned Standing Counsel appearing for the respondents Nos.2 and 3, orally submits that the pattas granted in favour of the petitioner’s mother and his aunt are not the same properties in which the petitioners are presently in occupation. Under the premises of the said pattas, the petitioners are in possession of a different property belonging to the Government/Municipal Corporation. The respondent Corporation has rightly proposed the same as there is a requirement for providing a drain canal. They have identified the said land and made markings on the subject property. 5. Having regard to the same, this Court deems it appropriate to dispose of the writ petition observing that if the subject land is required for any public purpose, the respondents shall proceed in accordance with law after issuing notice to the petitioners. Till such time, the 2nd respondent – GVMC is directed not to take any coercive measures, in respect of the subject property, any such measures should be taken by following due process of law. 6. With the above direction, 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 KIRANMAYEE MANDAVA Dated: 18.09.2026 ANI 5 168 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:26891 of 2026 Dated:18.09.2026 ANI