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2026 DAILYLAW 3181 (AP)

Singampalli Satyavathi, v. The State of Andhra Pradesh,

WP/16555/2026 · 2026-06-22

Harinath N

body2026

Judgment text

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APHC010316752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16555/2026 Between: 1. SINGAMPALLI SATYAVATHI,, AGED 40 YEARS, W/O. SINGAMPALLI ESWARA RAO, H.NO.11-150/4/16, KAMAKSHAMMA NAGAR KUMMARI COLONY ROAD, PULAGALIPALEM VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT - 531173. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT- 522238. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM-531173. 3. THE ZONAL COMMISSIONER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM - 531173 4. ASSISTANT CITY PLANNER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM - 531173 5. TOWN PLANNING OFFICER, PENDURTHI ZONE, GVMC, VISAKHAPATNAM - 531173 6. THE DISTRICT COLLECTOR, VISAKHAPATNAM531173. 7. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM-531173. 8. THE TAHSILDAR, PENDURTHI MANDAL, VISAKHAPATNAM - 531173 9. THE ASSISTANT ENGINEER, PENDURTHI GVMC, A.P.STATE HOUSING CORPORATION LTD. VISAKHAPATNAM - 531173. ...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 a Writ of Mandamus, declaring the action of the Respondents in attempting to demolish the ongoing construction and dispossess the Petitioner from her property at H.No.11-150/4/16, Kamakshamma Nagar, Kummari Colony Road, Pulagalipalem Village, Pendurthi Mandal, Visakhapatnam District, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 21, and 300-A of the Constitution of India and the principles of natural justice and Consequently, direct the respondents, their subordinates, agents, or any person claiming through them, not to interfere with the Petitioner's peaceful possession and enjoyment of the subject land in any manner, including by way of demolition or dispossession 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 pass an interim order directing the Respondents, their subordinates, agents, or any person acting on their behalf, not to demolish the Petitioner’s property or dispossess her from the property situated at H.No.11-150/4/16, Kamakshamma Nagar, Kummari Colony Road, Pulagalipalem Village, Pendurthi Mandal, Visakhapatnam District, and not to interfere with the ongoing construction, Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16555 of 2026 ORDER:- 1. The Petitioner was granted a patta on 13.04.2016 in respect of an extent of 66 square yards situated at Pulagalipalem Village, Pendurthi Mandal, Visakhapatnam District. Thereafter, the Petitioner obtained the requisite sanction under the Pradhan Mantri Awas Yojana (PMAY) Scheme for construction of a dwelling unit. The Petitioner became entitled to financial assistance in the form of a subsidy of Rs.1,50,000/- from the Central Government and Rs.1,00,000/- from the State Government for the purpose of construction of the dwelling unit. 2. The learned counsel for the petitioner further submits that the respondents are trying to interfere with the construction activity of the petitioner. 3. The learned standing counsel for the respondent Nos.2 to 5 on oral instructions submits that the petitioner has not obtained permission from the respondent No.2, as such the men were sent for inspecting the construction activity of the petitioner. 4. In reply, the learned counsel for the Petitioner submits that the Petitioner has obtained financial assistance from the Andhra Pradesh State Housing Corporation Limited for construction of a dwelling unit. It is further submitted that the Petitioner has commenced construction of the house on the patta land granted to him and that the building design submitted by the Petitioner for construction of the dwelling unit has been duly approved by Respondent No. 9. 5. It is further submitted that, under the Scheme formulated for construction of the house, the Petitioner is required to commence construction immediately upon issuance of the proceedings sanctioning the house. It is also submitted that the construction is required to be undertaken in an extent of not less than 420 square feet, with a plinth area of 325 square feet, comprising a hall, one bedroom, and a toilet. Further, the beneficiary is also mandated to upload the photographs of the construction to enable him to receive the subsidy amount. The learned standing counsel for the respondent Municipal Corporation submits that the petitioner ought to submit a formal application by paying a nominal fee of Rs.1/- to notify the respondent about the construction. It is further submitted by the learned standing counsel that the petitioner is constructing the house beyond the boundaries of the property granted to her. 6. Considering the submissions, that the 2nd respondent would have to be notified about construction of house under scheme, the petitioner shall submit a formal application by paying nominal fee intimating the 2nd respondent about the construction of house under Pradhana Mantri Aavas Yojana (PMAY) Scheme. The petitioner shall have to complete the construction within the extent of land assigned by way of patta. In the event the any construction is undertaken beyond the assigned land, it is left open to the respondents to take appropriate action in accordance with law. It is also made clear that the respondents shall not interfere with the construction activity of the petitioner. 7. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dated 23.06.2026 KGM 97 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.16555 of 2026 Dated 23.06.2026 KGM