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2026 DAILYLAW 16974 (AP)

GUDA SRINIVASA REDDY v. THE STATE OF ANDHRA PRADESH

WP/4292/2026 · 2026-02-15

K Sreenivasa Reddy

Public Interest Litigationbody2026

Judgment text

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APHC010075092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.4292 OF 2026 Between: Guda Srinivasa Reddy ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Secretary, Municipal Administration and Urban Development Department and another ...RESPONDENTS Counsel for the Petitioner: 1. L J VEERA REDDY Counsel for the Respondents: 1. GP FOR MUNICIPAL ADMN AND URBAN DEV. The Court made the following ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration and Urban Development. 2. Case of the petitioner is that he is in possession and enjoyment of land to an extent of 469.33 sq. yards, out of 0.42 SRK, J WP No.4292 of 2026 2 cents, situated in Survey No.1054/A1 of North Addanki village and Mandal, Prakasam district, by virtue of a registered settlement deed dated 13.11.2024 executed by his brother. Thereafter, he obtained building permission from 2nd respondent Municipality on 07.02.2025 and constructed RCC sheet shed therein. 2nd respondent Municipality also allotted Door Number as 16-17/A. Later, when 2nd respondent issued an encroachment Notice No.23/2025/21147010, dated 10.09.2025, calling upon the petitioner to remove the ACC sheet shed, the pillars and fencing from R & B Road, the petitioner filed WP No.26658 of 2025 and this Court, by an order dated 24.09.2025, disposed of the said Writ Petition holding thus. “It is not in dispute that no survey was conducted before determining that the petitioner is in possession of land in Sy.No.1054/A2. On this consideration, the impugned proceedings are hereby set aside, leaving it open to conduct a proper survey by issuing a notice to the petitioner and the others concerned and take necessary steps in the event the petitioner is found to be in occupation or encroachment of any public road. Till completion of such process, the respondent authorities are further directed not to take any coercive steps pending consideration of the above observation.” 3. Petitioner states that pursuant to the said direction, 2nd respondent issued a notice on 30.10.2025 for conducting survey SRK, J WP No.4292 of 2026 3 on 03.11.2025 and he submitted his representation on 03.11.2025. However, without addressing the points mentioned in his representation, the survey was conducted and 2nd respondent gave an endorsement dated 08.12.2025 asking the petitioner to submit his objections. Then he submitted his objections on 10.12.2025. Grievance of the petitioner is that, without considering his objections, 2nd respondent has issued the impugned final notice dated 09.02.2026 directing the petitioner to voluntarily remove the encroached portion of ACC shed, as marked during the open survey, within seven (7) days from the date of receipt of the said notice. Questioning the same, the petitioner has filed the present Writ Petition. 4. Learned counsel for the petitioner submits that pursuant to the notice issued by the respondent authorities, the petitioner has submitted his objections, but without considering the said objections, the impugned final notice has been issued by the respondent authorities. 5. In view of the aforesaid facts and circumstances, without going into the merits of the case, the respondent authorities are directed to pass fresh orders, in accordance with law, after considering the objections raised by the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. Till such time, the respondent authorities are directed not to take any coercive steps to demolish the subject ACC sheet shed of the petitioner. SRK, J WP No.4292 of 2026 4 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:16.02.2026 Nsr SRK, J WP No.4292 of 2026 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.4292 of 2026 Date:16.02.2026 Nsr