APHC010165162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8489/2026 Between: 1. SHAIK MEERA MOHIDDIN, S/O KALESHA, AGED ABOUT 60 YRS, OCC BUSINESS, R/O MEDARA STREET, ATMAKUR-518422, S.P.S.R. NELLORE DISTRICT . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522237 2. ATMAKUR MUNICIPALITY, ATMAKUR, S.P.S.R. NELLORE DISTRICT-518422 REP. BY ITS COMMISSIONER ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Commissioner, Atmakur Municipality, S.P.S.R.Nellore District in trying to demolish the Petitioner's zinc sheet terraced room at B.S.R. Centre, Atmakur Municipality, S.P.S.R.Nellore District is arbitrary, illegal, without jurisdiction, in violation of Principles of Natural Justice and consequently direct the 2nd Respondent not to demolish the said room of the Petitioner and pass 2 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 pleased to direct the 2nd respondent not to demolish the Petitioner’s zinc sheet terraced room at B.S.R. Centre, Atmakur Municipality, S.P.S.R. Nellore District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH C KRISHNA REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following ORAL ORDER: Heard Sri Ch. C. Krishna Reddy, Ld. Counsel for the Writ Petitioner and Sri G. Lakshmi Narayana, Ld. Standing Counsel for the Municipal Corporation. 2. This Writ Petition is brought for hearing by way of Lunch Motion. 3. This Writ Petition is filed seeking the following relief: “For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Commissioner, Atmakur Municipality, S.P.S.R.Nellore District in trying to demolish the Petitioner's zinc sheet terraced room at B.S.R. Centre, Atmakur Municipality, S.P.S.R.Nellore District is arbitrary, illegal, without jurisdiction, in violation of Principles of Natural Justice and consequently direct the 2nd Respondent not to demolish the said room of the Petitioner and pass such other order or orders in the interest of justice.” 4. Sri G. Lakshmi Narayana, Ld. Standing Counsel for the Respondents has submitted the Written Instructions dated 31.03.2026 furnished by the Commissioner, Atmakur Municipality, SPSR Nellore District. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 5. Para Nos. 1 and 2 of the Written Instructions would indicate that the public have raised grievance with regard to the accumulation of silt and solid waste and other obstructions in the drainage, thereby restricting free flow of drainage water leading to emitting of foul smell and unhygienic conditions and in response to the public grievances, the Authorities have undertaken desilting works. 6. Para-4 of the Written Instruction would indicate that in the process of desilting works undertaken by the Respondent Municipality, the other shop owners in the locality had voluntarily extended their co-operation in removing 4 their temporary projected encroachments, thereby facilitating the desilting works of the drainages. 7. Para-5 of the Written Instruction would indicate that the Respondents have not threatened the Writ Petitioner with any kind of demolition. 8. Sri G. Lakshmi Narayana, Ld. Counsel for the Respondents would submit that the Writ Petitioner does not have any vested right to insist upon non-removal of the projected tin sheet shed. He would also submit that the desilting work cannot be carried out without removing the projected tin sheet shed. 9. Having considered the above facts, this Court is of the view that the present Writ Petition is misconceived inasmuch as the statutory obligation of the Municipality to undertake desilting work in public interest cannot be interfered on the basis that the Respondent Authorities have not followed the due process of law, especially with regard to temporary structures and temporary encroachments on the drainages and water-courses. 10. At the first instance, the erection of the tin sheet projecting on to the drainage itself is unauthorized and for such unauthorized actions in removing the temporary sheds in order to undertake public works, the Respondent Authorities are not required to undertake the elaborate process of issuing advance notices etc. 11. The Writ Petitioner shall remove the tin-sheet shed voluntarily as and when the Respondents Authorities would demand. In the event the Writ Petitioner does not remove the tin-sheet shed, the Respondent Municipality is at liberty to remove the same ‘at will’ for the purpose of undertaking desilting work and charge the Petitioner, the charges incurred for such removal. 12. With these observations and directions, this Writ Petition is dismissed. No order as to costs. 5 13. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 31.03.2026 Mnr 6 122 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8489 OF 2026 Dt: 31.03.2026 Mnr