HN, J W.P.No.15539_2026 APHC010226582014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15539/2026 Between: 1. KUNA CHAKRAVARTHY, S/O SRIRAMMURTHY, AGED. 40 YEARS, OCC. PRIVATE EMPLOYEE, R/O D.NO. 8-3-34/1, KUSUMANCHIVARI STREET, 16TH WARD, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238. 2. AMADALAVALASA MUNICIPALITY, REP. BY ITS. COMMISSIONER, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT - 532185. 3. TOWN PLANNING OFFICER, O/O THE COMMISSIONER, AMADALAVALASA MUNICIPALITY, AMADALAVALASA .MANDAL, SRIKAKULAM DISTRICT - 532185. 4. TOWN SURVEYOR, O/O THE COMMISSIONER, AMADALAVALASA MUNICIPALITY, AMADALAVALASA MANDAL, SRIKAKULAM DISTRICT - 532185. ...RESPONDENT(S): HN, J W.P.No.15539_2026 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 in the nature of WRIT OF MANDAMUS declaring the Encroachment Notice dt. 15- 06-2026 in Roc.No.2/2026/G1/WPRS10 issued by the 2nd respondent and directed the petitioner to remove the alleged construction of building bearing Door No 8-3-34/1, having Assessment No. 1082008448, measuring 55 square yards in Survey No. 135 situated in Kusumanchivari Street in Amadalavalasa Municipality limits, Amadalavalasa Mandal, Srikakulam District within a period of three (03) days, without issuing any show cause notice and without conducting any enquiry, as illegal, arbitrary, violative of principles of natural justice, provisions of Andhra Pradesh Municipalities Act, 1965 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently set aside the Notice dt. 15-06-2026 and further direct the respondents 2 to 4 not to interfere with the petitioner's enjoyment and possession of his said building and pass 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 suspend the operation of Encroachment Notice, dt. 15-06- 2026 in Roc.No.2/2026/G1/WPRS10 issued by the 2"^ respondent and further direct the respondents 2 to 4 not to interfere with the petitioner’s enjoyment and possession of his building bearing Door No:8-3-34/1, having Assessment No; 1082008448, measuring 55 square yards in Survey No. 135 situated in Kusumanchivari Street in Amadalavalasa Municipality limits, Amadalavalasa Mandal, Srikakulam District, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP HN, J W.P.No.15539_2026 ORDER: 1. The learned counsel appearing for the petitioner submitted that the petitioner had purchased land admeasuring 55 square yards together with a construction admeasuring 495 square feet. It is submitted that the 2nd respondent has now issued a notice dated 15.06.2026, duly intimating the petitioner that the petitioner had encroached onto the road and that the alleged encroachment would be removed by the Municipality in the event the petitioner does not remove the same within a period of three days. 2. Ms. V. Sirisha Rani, learned Standing counsel for respondent Nos.2 to 4, submits that respondent Nos.2 to 4 conducting a field inspection and found that the petitioner had constructed steps which have occupied the public road. In that regard, measurements were also made. It is also submitted that the petitioner has taken up further construction without obtaining any permission. It is also submitted that the petitioner submitted a BPS, which has been approved. It is submitted that the approval was only with regard to the construction made in accordance with the plan submitted. It is also submitted that the petitioner could not have encroached onto the public road under the guise of obtaining BPS approval. It is also submitted that the petitioner gave an undertaking on 14.06.2026 seeking 7 to 10 days’ time for remitting the unauthorized steps. 3. Accordingly, the present writ petition is disposed off at the admission stage, directing respondent Nos.2 to 4 to determine the extent of HN, J W.P.No.15539_2026 encroachment, in the presence of the petitioner. It is needless of mention that the encroachment, if any, found, would have to be removed, facilitating ingress and egress on the abutting road. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:16.06.2026 NKA HN, J W.P.No.15539_2026 31 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15539 of 2026 Date: 16.06.2026 NKA