APHC010194542015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO.14724 OF 2015 Between: A.Kattan ( Died) Per LR K. Sai Hemavathi ...PETITIONER(S) AND The Union of India, Rep. by its Secretary, Ministry of Railways, New Delhi and others ...RESPONDENTS Counsel for the Petitioner(S): 1. T LAKSHMI NARAYANA Counsel for the Respondent(S): 1. ADHI VENKATESWARA RAO 2. DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following ORDER: The present Writ Petition is filed seeking to declare the proposed action of respondent Nos.3 and 4 to demolish the residential house of the petitioner bearing D.No.13-138, situated at 2nd street, Vinayakanagar, Renigunta, Chittoor district, in a house plot of an extent of 133 1/3 sq. yards, equivalent to 1200 sq. feet, situated in Survey No.776/B1, at Bugga Extension SRK, J WP No.14724 of 2015 2 Residential area, New Ward No.11, Old Ward No.9, within the jurisdiction of Renigunta Gram Panchayath, Tookivakam village accounts, Renigunta Mandal and Sub-Division, Sri Balaji Registration District, Chittoor Revenue District, without following due process of law, as illegal and arbitrary. 2. Case of the petitioner is that he is working as Dresser in the South Central Railway and he is the absolute owner and possessor of the above mentioned property, having purchased the same under a registered sale deed bearing document No.209 of 1999, dated 03.02.1999. After obtaining necessary permissions from the authorities concerned, he constructed the house by obtaining loan from Vysya Bank House Finance Limited and intimated the acquisition of property to the South Central Railways in Form-I, dated 20.12.1999. While so, when the respondents tried to demolish his residential house, without issuing any notice or affording any opportunity of hearing, petitioner filed WP No.11889 of 2009. Petitioner further stated that he was going to retire on 30.05.2015 and taking advantage of closure of this Court due to Summer Vacation, respondent Nos.3 and 4 asked him to demolish the compound wall, threatening that if the same is not done, his pension benefits would be stopped, and they made the markings for such demolition. Having no other go, petitioner demolished the compound wall on 05.05.2015, but he never surrendered his right and title over the house plot. While so, again on 16.05.2015, the respondents, assisted by the casual labour, made markings for demolition of petitioner’s entire residential building and they granted a week’s time to the petitioner to vacate his residential house and SRK, J WP No.14724 of 2015 3 threatened him with dire consequences. Main grievance of the petitioner is that the respondents are trying to demolish his residential house without following the due process of law. Hence, he filed the present Writ Petition. 3. This Court, on 21.05.2015, while ordering notice before admission, granted interim stay of demolition of petitioner’s residential house. 4. Subsequently, as the sole petitioner died, his Legal Representative came on record as 2nd petitioner, vide order of this Court passed in IA No.01 of 2025, dated 17.12.2025. 5. A counter affidavit has been field by the respondents denying the averments made by the petitioner in his affidavit and, stating inter alia that in the year 2000, during the departmental inspection of railway boundary between Renigunta and Tirupati Railway Stations, some of the unauthrorized structures were noticed within the railway boundary. Accordingly, eviction proceedings under the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PPE Act) were initiated against the encroachers duly issuing notices during 2002. Since the building was not constructed by the petitioner during this period, no notice has been served on him. Eviction process has been prolonged due to pending court cases by the encroachers. However, after finalization of all the court cases and conducting joint survey along with State Government Surveyor to identify and marking the railway boundary, eviction process was carried out on 23.05.2009 duly dismantling the unauthorized structures within SRK, J WP No.14724 of 2015 4 the railway boundary in presence of State Government Officials. During the said process, it has been observed that the petitioner’s building (to the extent existing in railway boundary) was also under encroachment. Since the petitioner is a Railway Servant, the matter was informed to his Supervisor i.e., Senior Medical Superintendent, Railway Hospital, Carriage Repair Shop, Tirupati. In connection with the unauthorized occupation of railway land, departmental action was initiated against the petitioner by the Workshop Personnel Officer/CRS/Tirupati. On the request made by the said Workshop Personnel Officer to submit the latest position, the Senior Section Engineer (P.Way), Pakala along with Senior Section Engineer (Works), CRS/Tirupati inspected the site on 16.05.2025 and submitted the report along with a sketch and photographs showing the encroachments. During the said process, no threat to demolish the building was made by the respondents. It is further stated in the counter affidavit that the administration of the respondent railways has not determined to demolish the house of the petitioner on 22.05.2015 as alleged by him. As per the survey report, the petitioner constructed the building occupying the railway land to the extent of 3.24 sq.m in Survey No.776/B1 of Thukivakam village as shown in the sketch. 6. Heard. Perused the material on record. 7. A perusal of the counter averments goes to show that, during the departmental inspection of railway boundary between Renigunta and Tirupati Railway Stations, as some unauthrorized structures were noticed within the railway boundary, eviction proceedings under the Public Premises (Eviction of Unauthorized SRK, J WP No.14724 of 2015 5 Occupants) Act, 1971 (PPE Act) were initiated against the encroachers duly issuing notices during 2002 and it was observed that the petitioner had also constructed the building by encroaching the railway land. 8. 8. Further, as seen from the copy of the order dated 08.11.2018 passed by the High Court for the State of Telangana in the earlier Writ Petition filed by the petitioner in WP No.11889 of 2009 questioning the action of the respondents in demolishing some portion of his house, the petitioner sought permission to withdraw the said Writ Petition with liberty to seek an appropriate remedy before the competent Civil Court. Accordingly, the said Writ Petition was dismissed as withdrawn, granting liberty to the petitioner to pursue the civil remedies available under law, which occurred subsequent to the filing of the present Writ Petition. 9. Be that as it may, now the grievance of the petitioner in the present Writ Petition is that the respondent authorities are trying to demolish his residential building, without following due process of law. 10. Considering the facts and circumstances of the case, this Court is of the view that even if the construction is alleged to be unauthorized, the respondents are required to follow the procedure established by law before taking any coercive steps. 11. In view of the above, the Writ Petition is disposed of, with a direction to the respondents to follow due process of law before demolishing the residential building of the petitioner, if the same is constructed by encroaching the railway land. The respondents SRK, J WP No.14724 of 2015 6 shall issue appropriate notice to the petitioner and afford him an opportunity of hearing, and thereafter take action in accordance with law. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:05.03.2026 Nsr SRK, J WP No.14724 of 2015 7 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.14724 of 2015 Date:05.03.2026 Nsr