APHC010119752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6339/2026 Between: 1. G INDRANI, W/O LATE CHANDRA SEKHAR NAIDU WIDOWED HOME MAKER, AGED ABOUT 75 YEARS D.NO. 12-5-526, KRISHNADEVARAYA NAGAR TILAK ROAD, TIRUPATI - 517501 TIRUPATI DISTRICT (FORMERLY CHITTOOR DISTRICT) ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, GUNTUR DIST, A.P.-522237. 2. TIRUPATI MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER TIRUPATI, TIRUPATI DISTRICT-517501 3. THE TOWN PLANNING OFFICER, TIRUPATI MUNICIPAL CORPORATION TIRUPATI - 517501. ...RESPONDENT(S): Counsel for the Petitioner: 1. SOORA VENKATA SAINATH Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC FOR M.CORPORATION IN RAYALASEEMA REGION 2 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORAL ORDER: Heard Sri Ghanta Rama Rao, learned Senior Counsel appearing on behalf of Sri Soora Venkata Sainath, learned Counsel for the Writ Petitioner and Sri P. Vengal Reddy, learned Standing Counsel for Municipal Corporation. 2. Sri P. Vengal Reddy, learned Standing Counsel for Municipal Corporation has submitted the Written Instructions on the last occasion i.e., 05.03.2026 furnished by the Assistant City Planner, Municipal Corporation, Tirupati, dated 05.03.2026. Copy of it is supplied to the Counsel for the Writ Petitioner and the same is taken on record. 3. In compliance with the Order of this Court dated 05.03.2026, Sri P. Vengal Reddy, learned Standing Counsel for the Municipal Corporation, has submitted the photographs and the Notice issued for clearing encroachments dated 06.02.2026, which shows that the Writ Petitioner received it on 24.02.2026. 4. Sri Ghanta Rama Rao, learned Senior Counsel appearing for the Writ Petitioner, asserts that the Writ Petitioner has inherited the same by way of a Registered Will dated 14.03.1994. It is also submitted that the mother of the Writ Petitioner purchased the subject property on 15.10.1956 (Ex.P.7) and that her vendor had purchased the subject property on 01.12.1955 (Ex.P.8). 5. It is submitted by Sri Ghanta Rama Rao, learned Senior Counsel appearing for the Writ Petitioner, that the building was constructed in the year 1956 by the mother of the Writ Petitioner after purchasing it vide Registered Sale Deed on 15.10.1956 (Ex.P.7), and the building has been lying undisturbed ever since. 3 6. It is also submitted that there is a dispute pending in the Court of Principal Civil Judge (Junior Division), Tirupati, filed by the Petitioner herein in O.S.No.323 of 2025, seeking relief of Permanent Injunction against Private Party who is her neighbor, and the same is pending. In I.A.No.144 of 2025 in O.S.No.323 of 2025, the Trial Court was pleased to grant Temporary Injunction. 7. Although private disputes are subsisting between the Petitioner and the neighboring private party, they have nothing to do with the present matter. The averments in this Writ Petition indicate that the Petitioner has absolute ownership over the subject property. If the Respondent Authorities would contend that part of the public land has been encroached upon by the Petitioner, the same shall be verified by a Joint Survey of the private property mentioned in the Sale Deed dated 15.10.1956 (Ex.P.7), and be reconciled with regard to the allegations of the Official Respondents that the Petitioner has encroached upon public land. 8. In the above premise, this Court deems it appropriate to dispose of the Writ Petition at the admission stage without going into the merits, directing Respondent Nos.2 & 3 to have a Joint Survey conducted in the presence of the Petitioner and the Officials for identification of the private property and to remove the encroached structures, if any, that lies beyond the private property belonging to the Writ Petitioner. 9. Let the Joint Survey be conducted on 24.03.2026 at 10:30 a.m. 10. Since this Court has already fixed the date and time of the Joint Survey, it is indicated that no further notice is required to the Writ Petitioner from the respective Respondents regarding the conduct of the Joint Survey. 11. Writ Petitioner is given liberty to submit all documents that she intends to rely upon to the Official Respondents at the time of the Joint Survey. 12. Let a copy of the Report of the Joint Survey be supplied to the Writ Petitioner within one week from the date of the Joint Survey. 4 13. All the Parties are directed to maintain Status quo for a period of two (02) weeks from the date of supply of the Joint Survey Report to the Writ Petitioner. 14. With these observations and directions, the Writ Petition is disposed of. No order as to costs. 15. It is clarified that this Court has not expressed anything on the merits of the case. 16. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 09.03.2026 DSV 5 43 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 6339/2026 09.03.2026 DSV 6 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 6339/2026 PROCEEDING SHEET Sl. No DATE ORDER Office Note 2. 09.03.2026 GRKP, J Writ Petition is disposed of. (vide separate order) ___________ GRKP, J DSV 7