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2026 DAILYLAW 18024 (AP)

C. KESAVULU v. The State of Andhra Pradesh

WP/5572/2026 · 2026-03-02

Gannamaneni Ramakrishna Prasad

body2026

Judgment text

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APHC010103242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5572 OF 2026 Between: 1. C. KESAVULU, S/o. Chengalraya Naidu Occ. Business,Aged 60 years, R/o. 26-13/1CK, Palamaner Road, Chittoor, Chittoor District- 517001 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Special Chief Secretary, Municipal Administration and Urban Development, Secretariat Buildings, Amaravathi at Velagapudi, Guntur District-522 238. 2. The Chittoor Municipality, Rep by its Municipal Commissioner, Chittoor, Chittoor District- 517 001. 3. The District Collector, Chittoor District, Chittoor, A.P. 517 001. 4. The executive engineer, roads and buildings department, chittoor division,chittoor district. 517 001 ...Respondents Counsel for the Petitioner: M.R.JWALA Counsel for the Respondents: POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In Counsel for the Respondents:GP FOR ROADS BUILDINGS Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP MUNCIPAL ADMN AND URBAN DEV AP 2 The Court made the following ORAL ORDER: Heard Sri Talari Rajeswari, learned Counsel for the Writ Petitioner and Sri P. Vengal Reddy, learned Standing Counsel for Municipal Corporations for Rayalaseema Region. 2. Sri P. Vengal Reddy, learned Standing Counsel for Municipal Corporations for Rayalaseema Region has submitted the Written Instructions furnished by the Commissioner, Chittoor Municipal Corporation, dated Nil. Copy of the Written Instruction is also furnished to the learned Counsel for the Writ Petitioner. This Written Instruction is taken on record. Para No.4 of the Written Instructions is usefully extracted hereunder: <4) The allegation that the Corporation is attempting demolition without notice or without following due process is categorically denied. It is respectfully submitted that the petitioner, being an adjacent property owner on Palamaner Road, is affected by the proposed widening alignment. At present, field markings have been carried out on site indicating the proposed road alignment. Statutory notices will be served to the concerned property owners, including the petitioner, strictly in accordance with the provisions of the A.P. Municipal Corporations Act, 1955, before initiation of any further action. The Corporation shall adhere to the prescribed legal procedure contemplated under the Act and Rules made thereunder.= 3. The above extract would indicate that the field markings have been carried-out on site indicating the proposed road alignment. It is also stated that the statutory notices will be served to the concerned property owners, including the Writ Petitioner, strictly in accordance with law and the provisions of the A.P Municipal Corporations Act, 1955, before initiation of any further action. Having so recorded, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merits, with a direction to the Respondent Authorities to follow the due process of law in future, if any coercive action is sought to be initiated. 3 4. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 03.03.2026 JKS 4 98 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 5572 OF 2026 03.03.2026 JKS