APHC010118982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6345 OF 2026 Between: 1. ALLADI VENKATA RAMANA, S/o Suryanarayana, aged 54 years, R/o 7-2- 12/7, High School Road, Amalapuram, DR BRA Konaseema District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department Secretariat Buildings, Velagapudi, Guntur District 2. Amalapuram Municipality, Amalapuram, DR BRA Konaseema District Represented by its Commissioner ...Respondents Counsel for the Petitioner: T V S PRABHAKARA RAO Counsel for the Respondents: SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES Counsel for the Respondents:GP MUNCIPAL ADMN AND URBAN DEV AP 2 The Court made the following ORAL ORDER: Heard Sri Vedula Venkata Narayana Rao, learned Counsel appearing on behalf of Sri T.V.S. Prabhakara Rao, learned Counsel for the Writ Petitioner and Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities. 2. Ms. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipalities has submitted the Written Instruction furnished by the Municipal Commissioner, Amalapuram, dated 06.03.2026. Copy of the Written Instruction is also furnished to the learned Counsel for the Writ Petitioner. This Written Instruction is taken on record. 3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the grant of house site patta in Sy.No.417/62A of an extent of Ac.0.02 cents (Ex.P.2). Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the impugned notice dated 24.02.2026 (Ex.P.1). He would submit that when the Writ Petitioner is the lawful owner of an extent of Ac.0.02 cents (98 square yards), it is illegal on the part of the Official Respondents who have issued the notice to the Writ Petitioner as an encroacher of 99.26 square yards with a further direction to demolish the illegal construction within three days. 4. Learned Counsel for the Writ Petitioner has also taken this Court through the Order dated 31.08.2020 in W.P.No.20776 of 2019 and would submit that after this Court had passed the Order dated 31.08.2020, the Respondents have not initiated any further proceedings for all these years and had suddenly issued the impugned notice on 24.02.2026 (Ex.P.1). 4. The Written Instruction furnished by the Municipal Commissioner, Amalapuram would also does not indicate that the Writ Petitioner has been put-on any advance notice seeking Explanation or Clarification as regards the alleged occupation or encroachment. 3 5. Having regard to these facts, this Court is of the opinion that the impugned notice dated 24.02.2026 (Ex.P.1) is unsustainable, inasmuch as the said Notice was issued in violation of the Principles of Natural Justice and is bereft of any details. Accordingly, the impugned Notice dated 24.02.2026 (Ex.P.1) is set aside. Liberty is given to the Official Respondents to issue fresh Show Cause Notice granting reasonable time of atleast three weeks to enable the Writ Petitioner to submit the Explanation. Needless to state that the Explanation along with the documents that would be submitted by the Writ Petitioner including the house site patta alleged to have been granted to the Writ Petitioner dated 16.10.1992 (Ex.P.2) shall also be considered and pass a Speaking Order as expeditiously as possible within a period of six weeks from date of submission of the Explanation in accordance with law. Needless to state that, if the Writ Petitioner so makes a request for conduct of survey within a reasonable time, the Official Respondents shall positively consider the request. 6. With these observations and directions, this Writ Petition stands allowed. No Order as to Costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 11.03.2026 JKS 4 71 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 6345 OF 2026 11.03.2026 JKS