APHC010483622026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26799 OF 2026 Between: 1. Arigi Demudamma Mulagada, W/o Arigi Satyam, About 75 years, Residing at Mulagada Village, Revenue Ward-46, Mulagada Mandal, Vishakhapatnam District- 530011. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati-522237 2. The Greater Visakhapatnam Municipal Corporation, Rep., by its Commissioner, Office of Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District-530001. 3. Andhra Pradesh Industrial Infrastructure Corporation APIIC Ltd, Represented by its The Zonal Manager, Industrial Estate, 104 Area, Visakhapatnam, Andhra Pradesh. - 530007 ...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 toISSUE ,an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus declaring action of the 2 respondents more particularly the the 3 rd respondent trying to dispossess and causing an illegal demolition of the structure in the land of petitioner admeasuring in an extent of 70 sq.yards situated in Sy. No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District without following due process of law as illegal arbitrary, Ultravires and violation of Article 14, 300A of Constitution of India and consequently direct the respondents more particularly the 3rd respondent to not to interfere in any manner with regard to the Structure in the land of petitioner admeasuring in an extent of 70 sq.yards situated in Sy. No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District, bounded as follows EAST 6 Feet Mutual Road SOUTH Site of K. Appa Rao, WEST My own site, NORTH Site of Potalakantama, without following due process of law, and for other reliefs 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 more particularly the 3rd respondent to not to interfere in any manner with regard to the Structure in the land of petitioner admeasuring in an extent of 70 sq.yards situated in Sy. No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District, bounded as follows EAST: 6 Feet Mutual Road, SOUTH: Site of K. Appa Rao, WEST: My own site, NORTH: Site of Potalakantama, without following due process of law, pending disposal of the above writ petition Counsel for the Petitioner: CHALLA AJAY KUMAR Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26799 OF 2026 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents more particularly the 3rd respondent trying to dispossess and causing an illegal demolition of the structure in the land of petitioner admeasuring in an extent of 70 sq.yards situated in Sy.No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District without following due process of law as illegal, arbitrary, ultravires and violation of Article 14, 300-A of Constitution of India and consequently direct the respondents more particularly the 3rd respondent to not to interfere in any manner with regard to the structure in the land of petitioner admeasuring in an extent of 70 sq.yards situated in Sy.No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District, bounded as follows: EAST 6 Feet Mutual Road SOUTH: Site of K. Appa Rao, WEST: My own site, NORTH: Site of Potalakantama, without following due process of law and pass such other order or orders….” 2. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the land admeasuring to an extent of 70 Sq. yards situated in Sy.No.21/8, Mulagada Village, Mulagada Mandal, Visakhapatnam District. There is a platform and steel reinforcement pillars standing at the subject property, which has been in the occupation of the petitioner and her family members. While so, respondent No.3 is trying to evict/dispossess the petitioner from the subject property and also trying to demolish the existing structure at the subject property, without issuing any 4 prior notice/show-cause notice and without providing any opportunity of hearing to the petitioner. Hence, the Writ Petition. 4. Learned Standing Counsel for the respondents furnished written instructions dated 15.09.2026, wherein it is stated as follows; “Insofar as the subject land is concerned, Sy.No.21/8 admeasuring Ac.0.75 cents and Sy.No.21/9 admeasuring Ac.0.38 cents situated at Mulagada Village, Gajuwaka Mandal, Visakhapatnam District, were acquired under Award No.5/67, dated 31.03.1967. Possession of the said lands was handed over to the Office of the Regional Joint Director of Industries on 16.06.1967. Subsequently, the said lands were transferred to APIIC vide G.O.Ms.No.1162, dated 04.12.1973. It is submitted that the subject Sy.No.21/8 was thus acquired as early as on 31.03.1967 and possession thereof was taken and handed over to the concerned Industries Department on 16.06.1967, much prior to the documents relied upon by the petitioner, which are stated to be of the year 2018. Therefore, the petitioner’s claim over the subject land, based upon such subsequent documents, cannot override the earlier acquisition proceedings and the possession taken pursuant thereto.” 5. Learned Standing Counsel for the respondents submits that the petitioner is not in possession of the property in Sy.No.21/8. However, since the petitioner is claiming that he is in possession of the property, the respondents will follow due process of law. 5 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, without going into the merits of the case, this Court is of the considered opinion that the present Writ Petition can be disposed of, directing the respondents not to interfere with the subject property of the petitioner, without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Date:19.09.2026 TPS 6 36 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26799 OF 2026 Date:19.09.2026 TPS