Date of reserved for orders : Date of pronouncement : 24-06-2026 Date of uploading : APHC010315042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16547/2026 Between: 1. SRI CHINTALAPUDI MANIKYAM, S/O CH SATTIRAJU, AGED ABOUT 66 YEARS, RESIDENT OF D.NO. 36-1-5, WARD NO. 30, WARF ROAD, MEDALANE, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMEN, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, AT KAKINADA, ANDHRA PRADESH - 533001. 3. THE KAKINADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533001. 4. THE DEPUTY CITY PLANNER, KAKINADA MUNICIPAL CORPORATION, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533001 ...RESPONDENT(S): 2 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 to issue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus to declare the impugned notice issued by the 3rd Respondent vide Proceedings Roc.No.3659/2026-H3 dated 15.06.2026 under Sections 401,405, and 406 of 1994, seeking summarythe AP Municipal Corporations Act, eviction/demolition of the petitioner's structures in Sy.No.31, Warf Road, Ward 30, Kakinada, within 7 days, as illegal, arbitrary, high-handed, in absolute violation of the rules, the provisions of the Act, the principles of natural justice, and consequently to set aside the same and to 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 stay all further proceedings, including eviction, dispossession, and demolition pursuant to the impugned notice issued by the 3rd Respondent vide Roc.No.3659/2026-H3 dated 15-06-2026, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner: 1. ELURU SESHA MAHESH BABU Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP FOR REVENUE 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondent Corporation in issuing notice dated 15.06.2026, whereby the petitioner was called upon 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 petitioner submits that the petitioner’s family has been in possession of the said property for the last 80 years. It is submitted that the father of the petitioner had earlier filed W.P.No.4827 of 2016 and this Court directed the respondents to follow due process of law in the event they intended to evict the petitioner. The present notice has been issued branding the petitioner as encroachers. 3. The learned Government Pleader appearing for the State submits that the petitioner was filed copies of electricity bills and photographs relating to the property and have not filed any document to establish his title. It is submitted that the notice issued under Section 405 by the 2nd respondent is well within the purview of the 2nd respondent. 4. Considering the submissions that the petitioner has been in continuous possession for the last eight decades, the respondents may grant an opportunity of hearing to the petitioner and the petitioner to submit any documents relating to title and possession of the subject property and the respondent corporation shall consider the same before evicting the 4 encroachments. The learned Government Pleader appearing for the State also submits that the possession of the petitioner is disputed and that the petitioner has not established his title till date. All these aspects shall be considered by the 2nd respondent while granting an opportunity of hearing to the petitioner. 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 Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 24.06.2026 SR