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2026 DAILYLAW 12263 (AP)

SRI SHAIK BAJIVALI v. THE STATE OF ANDHRA PRADESH

WP/28161/2026 · 2026-09-29

Kiranmayee Mandava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010518362026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE 30 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28161/2026 Between: 1. SRI SHAIK BAJIVALI, S/O. LATE SRI SHAIK HUSSAIN ALIAS HUSSAIN SAHEB, OCC.DAILY LABOUR AGED ABOUT 38 YEARS, R/O. HOUSE NO.7-162, MASJID THOTA, PODILI VILLAGE AND POST, PODILI MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH-523230. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.522238 2. KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI TOWN AND MANDAL, MARK 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 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 30th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28161/2026 BAJIVALI, S/O. LATE SRI SHAIK HUSSAIN ALIAS HUSSAIN SAHEB, OCC.DAILY LABOUR AGED ABOUT 38 YEARS, 162, MASJID THOTA, PODILI VILLAGE AND POST, PODILI MANDAL, PRAKASAM DISTRICT, ANDHRA ...PETITIONER AND OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.522238 KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI TOWN AND MANDAL, MARKAPUR DISTRICT, ANDHRA PRADESH THE TAHSILDAR, KANIGIRI MANDAL, MARKAPUR DISTRICT, 523230. THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KANGIRI DIVISION, MARKAPUR DISTRICT, 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 IN THE HIGH COURT OF ANDHRA PRADESH [3458] THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA BAJIVALI, S/O. LATE SRI SHAIK HUSSAIN ALIAS HUSSAIN SAHEB, OCC.DAILY LABOUR AGED ABOUT 38 YEARS, 162, MASJID THOTA, PODILI VILLAGE AND POST, PODILI MANDAL, PRAKASAM DISTRICT, ANDHRA ...PETITIONER OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, KANIGIRI MUNICIPALITY, REP BY ITS COMMISSIONER, KANIGIRI APUR DISTRICT, ANDHRA PRADESH- THE TAHSILDAR, KANIGIRI MANDAL, MARKAPUR DISTRICT, THE EXECUTIVE ENGINEER, ROADS AND BUILDINGS DEPARTMENT, KANGIRI DIVISION, MARKAPUR DISTRICT, ...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 2 of WRIT OF MANDAMUS, declaring the action of the Respondent Nos.2 to 4, in interfering with petitioner peaceful possession and enjoyment of the property (Residential House) situated in Survey No.713, bearing House No.1- 63/10A, Pathuru, Revenue Ward No.1, Kanigiri, Markapur District, and threatening to remove and demolish the existing residential structure therein, without issuing any prior notice, without calling for my explanation, without conducting proper survey and demarcation and without following due process of law, as illegal, arbitrary, unreasonable and violation of Principles of Natural Justice and in violation of Articles 14, 21 and 300-A of the Constitution of India, and consequently direct the Respondent authorities 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 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 Survey No.713, bearing House No.1-63/10A, Pathuru, Revenue Ward No.1, Kanigiri, Markapur District, except by following due process of law Counsel for the Petitioner: 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28161 OF 2026 The Court made the following Order: Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development and Sri G. Lakshminarayana, learned Standing Counsel for the respondent No.2 /Municipal Corporation. 2. It is contended by the learned counsel for the petitioner that the issue raised in the instant Writ Petition is squarely covered by a decision rendered by a co-ordinate bench of this Court in W.P.No.26940 of 2026. 3. Placing reliance on the said Judgment, the Writ Petition is disposed of, in terms of the order passed by this Court in W.P.No.26940 of 2026. There shall be no order as to costs. 4. Registry is directed to append a copy of the order passed by this Court in W.P.No.26940 of 2026 to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 30.09.2026 Pmk 4 54 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 28161 OF 2026 Dated: 30.09.2026 Pmk