APHC010495392026 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: 26940/2026 Between: 1. KOLIKI ESWAR, S/O. KOLIKI NARAYANA, AGED ABOUT 23 YEARS, OCC DAILY LABOUR, R/O. DOOR NO.1-63/C, ASSESSMENT NO.155, NEAR PATHURU TANK BUND, KANIGIRI TOWN AND MANDAL, MARKAPUR DISTRICT, ANDHRA PRADESH-523230. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 2. KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI TOWN AND MANDAL, MARKAPUR DISTRICT, ANDHRA PRADESH- 523230. 3. THE TAHSILDAR, KANIGIRI MANDAL, MARKAPUR DISTRICT, ANDHRA PRADESH-523230. 4. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KANGIRI DIVISION, MARKAPUR DISTRICT, ANDHRA PRADESH-523230 ...RESPONDENT(S): 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 a Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent authorities in threatening the Petitioner to demolish the existing residential structure situated in Sy No. 713 at Door No.1-63/C, Assessment No.155, near Pathuru Tank Bund, Kanigiri Town and Mandal, Markapur District and in interfering 2 with the Petitioner's peaceful possession and enjoyment thereof, without issuing any prior notice, without calling for explanation, without conducting proper survey and demarcation and without following due process of law, as illegal, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the Respondent authorities not to interfere with the Petitioners peaceful possession and enjoyment of the subject property and not to remove, demolish or damage the existing residential structure therein except by following due process of law, 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 DIRECT the Respondent authorities, their men, subordinates and agents not to interfere with the Petitioner's peaceful possession and enjoyment of the subject property and not to remove, demolish or damage the existing residential structure situated in Sy No. 713 at Door No.1-63/C, Assessment No.155, near Pathuru Tank Bund, Kanigiri Town and Mandal, Markapur District, except by following due process of law, Pending disposal of the above Writ Petition Counsel for the Petitioner: 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 ORDER:- Heard Sri Gajjala Mallikarjuna Reddy, learned counsel for the petitioners and Sri G.Lakshmi Narayana, learned Standing Counsel appearing for the respondent No.2. 2. The instant writ petition is filed challenging the action of the respondent authorities in threatening the petitioner that the subject property situated in Sy.No.713 at Door No.1-63/C, Assessment No.155, near Pathuru Tank Bund, Kanigiri Town and Mandal, Markapur District, would be demolished, and in the said process interfering with the petitioner’s peaceful possession and enjoyment. 3. The petitioner contends that the petitioner’s great grandmother had purchased the subject property under an agreement of sale cum delivery of possession. After her death, her daughter Smt. Koliki Ravanamma succeeded to the same and continued in possession. After the lifetime of Koliki Ravanamma, her husband succeeded to the property. After his demise, the petitioner’s father had inherited the property. Eventually, it passed on to the petitioner through registered gift settlement deed. It is contended that since the period of his great grand mother, the property is in the uninterrupted possession and enjoyment of the petitioner’s family and the same has been assessed to property tax by the Municipal authorities. However, the respondents are now interfering with the possession of the property. Thus approached this Court by way of the instant writ petition. 4 4. When the matter has been taken up for consideration, the learned Standing Counsel appearing for the respondent No.2has placed before the Court a copy of written instructions received by him in the case. A perusal of the same would reflect that as per RSR, an extent of Ac.2.94 cents of land situated in Sy.No.493/B is classified as Road Poromboke and Donakonda- Kanigiri-Dornala R&B road exists in the said survey number in an extent of Ac.2.94 cents,and according to theTahsildar,Kanigiri Mandal, there are certain encroachments, and in the said regard the R&B authorities have also requested the Tahsildar to conduct survey and submit a report. In the said regard, the Tahsildar issued a Memo dated 22.08.2026 to the Mandal Surveyor, Mandal Revenue Inspector, and the VRO to conduct Survey and demarcation of R&B road situated in Sy.No.493/B of Kanigiri Village.Accordingly, Mandal Surveyor,conducted the survey after issuing notices to the concerned pattadars of the adjacent lands in Sy.No.493/B and identified the land under encroachment and submitted report.The said survey report in Rc.C/229/2026, dated 11.09.2026was forwarded by the Tahsildar,to the Assistant Executive Engineer, R&B Section-II, Kanigiri,. From the para- wise remarks of the Municipal Commissioner, it further reflects that the writ petitioner herein has encroached an extent of 101.20 Square Meters of land situated in Sy.No.493/B, which is Road Poramboke and the said occupation is highly objectionable in nature. 5. It is further stated that no coerciveaction has been initiated by the 2ndrespondent in any form on the said encroachments except for conducting 5 the survey at request of the Assistant Executive Engineer, R&B Section-II, Kanigiri.Any eviction proposed would be in accordance with due process of law. 6. Having regard to the above, this Court deems it appropriate to dispose of the writ petition, if the occupation of the petitioner is found to be unauthorized, the respondentsare directed to issue notice beforepassing any orders against the petitioner. Without due process of law, no coercive measures shall be taken against the petitioners, and even if any survey is contemplated, the respondents shall issue a notice to the petitioner before conducting the survey.Without procedure being followed, the respondents are directed not to take any coercive measures against the petitioner. 7. 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 6 143 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:26940 of 2026 Dated:18.09.2026 ANI