1 HN, J W.P.No.16570_2026 APHC010132402026 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: 16570/2026 Between: 1. DARAPU VIJAYA SHANKAR REDDY,, S/O. RAMA REDDY, AGE 45 YEARS, AMMA SATYAM NILAYAM, H.NO.4-7-14, RAMAKRISHNA RAO PETA, KILIMIVARI STREET, KAKINADA, EAST GODAVARI DISTRICT. 2. DARAPU VENKATA NARASIMHA REDDY,, S/O. RAMA REDDY, AGE 50 YEARS, AMMA SATYAM NILAYAM, H.NO.4-7-14, RAMAKRISHNA RAO PETA, KILIMIVARI STREET, KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR, ANDHRA PRADESH-522 237 2. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA-533 001 3. THE KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAKINADA-533 001 ...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, especially one in the nature of Writ of Mandamus declaring the high handed action of the Respondents more particularly Respondent No. 3 in interfering with the 2 HN, J W.P.No.16570_2026 Petitioners peaceful possession and enjoyment of the subject property/premises of an extent of 700 sq.yrds inTS No. 31/1 A, Ward No. 16, situated at Warf Road, Kakinada, and trying to evict the Petitioners from the said premises without serving any notice, as illegal and arbitrary and violative of Articles 14, 19(1) (g) and 21 and 300 A of the Constitution of India, and consequently direct the respondents not to interfere with the petitioners peaceful possession and enjoyment of the premises TS No. 31/1 A, Ward No. 16, situated at Warf Road, Kakinada, and pleased to grant stay of all further proceedings including dispossession of the petitioner herein from the subject property i.e., TS 31/1 A, Ward No. 16, situated at Warf Road, Kakinada, in the interest of justice 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 grant stay of all further proceedings including dispossession of the petitioner herein from the subject property i.e., an extent of 700 sq.yrds in TS 31/1 A, Ward No. 16, situated at Warf Road, Kakinada, pending disposal of the writ petition in the interest of justice and passed Counsel for the Petitioner(S): 1. M SRI ATCHYUT Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.16570_2026 ORDER: 1. The learned counsel for the petitioners submits that the petitioners are aggrieved by the action of the respondent Corporation in calling upon the petitioners to vacate the said premises by removing the encroachments, as the subject property is required for public purposes. 2. The learned counsel appearing for the petitioners submits that the petitioners have been in possession of the said property for the last 40 years. It is submitted that some of the petitioners had earlier filed W.P.No.4443 of 2016 and this Court directed the respondents to follow due process of law in the event they intended to evict the petitioners. 3. The learned Government Pleader appearing for the State submits that the petitioners have filed copies of electricity bills and photographs relating to the property and have not filed any document to establish their title. It is further submitted that under Section 405 Andhra Pradesh Municipal Corporation Act, 1994, the Commissioner is empowered to remove the encroachment even without issuance of any notice. 4. Considering the submissions that the petitioners have been in continuous possession for the last forty years, the respondents may grant an opportunity of hearing to the petitioners and the petitioners to submit any documents relating to title and possession of the subject property and the respondent corporation shall consider the same before evicting the encroachments. The learned Government Pleader appearing for the State 4 HN, J W.P.No.16570_2026 also submits that the possession of the petitioners is disputed and that the petitioners have not established their title till date. All these aspects shall be considered by the 2nd respondent while granting an opportunity of hearing to the petitioners. It is needless to mention that the respondents may take appropriate steps for clearing the encroachments after completing the above process. 5. With these observations, the Writ Petitions are disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:23.06.2026 NKA 5 HN, J W.P.No.16570_2026 50 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16570 of 2026 Date: 23.06.2026 NKA