Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010374332019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 2nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17860/2019 Between: 1. RUDRA RAJU PRABAKAR RAJU, S/O LATE VENKATA RAJU, R/O DOOR NO. 16/4A/1-35, BABA NAGAR, VADDIPALEM, NELLORE. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION. 3. TOWN PLANNING SUPERVISOR, NELLORE MUNICIPAL CORPORATION. 4. VUTUKURU LAKSHMAYYA, S/O POLAYYA, AGED ABOUT 63 YEARS, AAKUTHOTA HARIJ ANAVADA, MUTHKUR ROAD, NELLORE, SPSR NELLORE DISRICT. ...RESPONDENT(S): -2- HN, J W.P.No.17860_2019 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in demolishing the portion of the structure in in land of an extent Ac. 0.58 cents or 351 Ankanams in Sy. No. 122/1, 122/3, 122/4 situated at Gundlapalem Village, Nellore Rural Mandal, and trying to demolish the remaining structure pursuant to the 04-11-2019 as as illegal, arbitrary and violation of principles of natural justice and violation of provisions of HMC Act, 1955 and one without jurisdiction and consequently direct the respondents not to interfere withthe possession of the petitioner by setting aside the notice dated 04-11- 2019 IA NO: 1 OF 2019 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 direct the respondents not to demolish the structures in land of an extent Ac. 0.58 cents or 351 Ankanams in Sy. No. 122/1, 122/3, 122/4situated at Gundlapalem Village, Nellore Rural Mandal, by suspending the notice dated 04-11-2019 issued by the 4th respondent pending disposal of the writ petition. Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. MANNAM VENKATA KRISHNA RAO 2. KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE) 3. GP FOR MUNCIPAL ADMN URBAN DEV -3- HN, J W.P.No.17860_2019 ORDER: 1. The impugned proceedings dated 04.11.2019, in the first paragraph of the said proceedings refer to the alleged unauthorized AC sheet shed at Srinagar Colony, Magunta Layout, Nellore, stated to have been constructed without obtaining any written permission. The second paragraph of the impugned proceedings refers to the alleged unauthorized sixth-floor AC sheet shed at Babanagar, Krishnapatanam Road. The petitioner is a resident of Babanagar. The notice is addressed to one Hariprasad Reddy. The impugned notice was issued by respondent No.2 in the name of Hariprasad Reddy; however, the respondents have been approaching the petitioner and trying to interfere with the construction activity of the petitioner. 2. This Court, while admitting the writ petition, directed both the parties to maintain status quo vide order dated 08.11.2019. The learned counsel for the petitioner submits that the petitioner has not undertaken any further construction. 3. The learned counsel for respondent No.2 submits that a detailed counter has been filed and that the subject site is earmarked as layout open space in approved layout vide LP.No.79/97. As such, the local body has initiated appropriate action. It is also stated that the staff of respondent No.4 never visited the site for demolition and that no -4- HN, J W.P.No.17860_2019 demolition activity was undertaken. The staff of the respondents visited the site only on 07.11.2019 to verify the status of construction. 4. Recording the aforesaid submissions, it is curious to note that the mention of two different addresses in the impugned notice gives rise to a suspicion that the impugned proceedings were issued in a motivated manner. On these considerations, the impugned proceedings are liable to be set aside. Accordingly, respondent Nos.2 and 3 are directed not to interfere with the peaceful possession and enjoyment of the petitioner’s subject property without following due process of law. It is needless to mention that any extent of open space which is in the occupation of the petitioner would be reclaimed by the respondent authorities by following due process of law. 5. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:02.07.2026 NKA Whether the order is: Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No -5- HN, J W.P.No.17860_2019 295 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17860 of 2019 Date: 02.07.2026 NKA