APHC010298102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14929/2025 Between: 1. TANIL RAMANAIAH, S/O TANI POLIAH AGE 59 YRS, R/O D NO 23/3/1026 RAYAPUPALEM, NTR NAGAR SPSR NELLORE DISTRICT, 2. TANI MALLISHWARAIAH, S/O LATE NARASIMHULU AGE 45 YRS, R/O D NO 23/3/1031 RAYAPUPALEM, NTR NAGAR SPSR NELLORE DISTRICT. 3. TANI JAYA SANKAR, S/O TANI JAYARAM AGE 46YRS, R/O D NO 23/10/300 RAYAPUPALEM, NTR NAGAR SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIATE, VELAGAPUDI, GUNTUR DISTRICT. 2. NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, SPSR NELLORE DISTRICT. 3. TOWN PLANNING SUPERVISOR, NELLORE MUNICIPAL CORPORATION, SPSR NELLORE DISTRICT 4. THE MANDAL REVENUE OFFICE, NELLORE RURAL, SPSR NELLORE DISTRICT 524001. R4 IMPLEADED AS PER COURTS ORDER DT. 20.08.2026 IN I.A.NO.1 OF 2026 2 ...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 topleased to issue any Writ, Order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in interfering with the petitioners property situated in an extent of Ac.1.00 cents in Sy No. 515/3 of Rayapupadu village, SPSR Nellore District to dispossess them high handedly is illegal, arbitrary and violation of Article 14, 21 and 300- A of the Constitution of India and to consequently direct the respondents not to interfere with the petitioners properties covered by D-form patta dt.30.04.1968 and to pass IA 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 Pleased to direct the respondents not to disposes the petitioners from their respective properties situated in an extent of Ac. 1.00 cents in Sy No. 515/3 of Rayapupadu village, SPSR Nellore District Pending disposal of Writ Petition. 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 pleased to permit the petitioner to implead the proposed respondents no. 4 in W.P. No. 14929 of 2025 and to pass Counsel for the Petitioner(S): 1. GRANDHI PRIYANKA Counsel for the Respondent(S): 1. VANKAYALAPATI N PRAVEEN SC For GNT,ONG,NLR Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 WRIT PETITION NO:14929 of 2025 ORDER:- Heard Sri Grandhi Priyanka, learned counsel for the petitioners and Sri Vankayalapati Naga Praveen, learned Standing Counsel appearing for the respondent No.2. 2. The grievance of the petitioners in the instant writ petition is against the action of the respondents in interfering with their possession in respect of the subject property of an extent of Ac.1.00 cents in Sy.No.515/3 of Rayapupadu Village, SPSR Nellore District. 3. Learned counsel for the petitioners contends that the 1st petitioner’s father was in possession and enjoyment of the subject property, in recognition of his possession and occupation, he was issued D-form patta assigning the subject property in the year 1968. After his demise, the petitioners have been in possession of the subject property. However, the respondent authorities have interfered with possession of the petitioners in respect of the subject property and demolished the boundary stones, without issuing any notice. This Court on 23.06.2025 passed an interim order of status quo. 4. The 2nd respondent Municipal Corporation filed counter affidavit stating that the Corporation has called for the report from the Tahsildar about the genuineness of the D-Form patta claimed to have been issued in favour of the 1st petitioner’s father. In compliance to the same, the Tahsildar had 4 submitted a report stating that the D-Form Patta granted in favour of the 1st petitioner’s father is not genuine. It is further contended that the Town Planning Staff of the 2nd respondent noticed illegal and unauthorized erection of compound wall by one Naramreddy Sudeesh Reddy in and around the subject property in Sy.No.515/3. In the said regard, a notice dated 21.05.2025 under Sections 405 & 406 of the Andhra Pradesh Municipal Corporations Act, 1955, was issued to the said Sudeesh Reddy, directing him to remove the said compound wall. The father of the said Sudeesh Reddy submitted his reply stating that the subject property was transferred to Sudeesh Reddy by way of registered settlement deed bearing document No.429 of 2019, and a copy of the settlement deed was also filed before them. It is further stated by the respondent Corporation that a perusal of the said document reflects that the property covered under that document pertains to land in Sy.No.655-1 of an extent of Ac.2.10 cents, whereas the subject compound wall was erected in Sy.No.515/3. Thus, the compound wall was demolished by the corporation. 5. Considered the submissions. This Court is of the view that issuing notice to Sudeesh Reddy and his family members to remove the unauthorised structure would not constitute service of notice on the petitioners, and the same does not justify their action as lawful. In the light of the same, this Court deems it appropriate to dispose of the writ petition directing the 2nd respondent to serve notice on the petitioners that their possession in the subject property is unauthorized and construction made therein is unauthorized. The 2nd respondent shall pass appropriate orders after 5 following due process under law and after providing an opportunity of hearing to the petitioners. Since an order of status quo dated 23.06.2025 was granted, the same order will continue, till passing of final orders. 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: 19.09.2026 ANI 6 161 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:14929 of 2025 Dated:19.09.2026 ANI