Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010289852026 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: 15223/2026 Between: 1. MAJJI APPALARAJU, S/O LATE MAJJI KONDALA RAO, AGED ABOUT 66 YEARS, R/O. D. N0.28-5-9A1, YELLAMRNA THOFA, JAGADAMBA CINEMA HALL BACKSIDE, VISAKHAPATNAM URBAN VISAKHAPATNAM DISTRICT - 530020. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTRTIENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI.522237 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION GVMC, REPRESENTED BY ITS COMMISSIONER, TENNETI VISWANADHA ROAD, ASILMETTA, VISAKHAPATNAM, ANDHRA PRADESH - 530002. 3. THE ASSISTANT CITY PLANNER, TOWN PLANNING SECTION, ZONE-LL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC), MADHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH - 530041. -2- HN, J W.P.No.15223_2026 4. THE TAHSILDAR, VISAKHAPATNAM RURAL MANDAL, O/O TAHSILDAR, KAPULUPPADA, RURAL MANDAL, VISAKHAPATNAM DISTRICT.531163 ...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 tomay be pleased issue a writ, order, or direction, more particularly one in nature of Writ of Mandamus declaring the action of respondents in issuing the Notice vide T.U.C. No. 01/Zone- ll/Ward No-7, dated 22-04-2026, under Sections 405 and 406 of the APMC Act, 1955, as illegal, arbitrary, and a violative of Articles 14, 21 and 300-A of the Constitution of India and consequently Set aside the impugned notice dated 22- 04-2026 and direct the Respondents not to interfere in any manner with my peaceful possession and enjoyment of the residential building bearing Door No. 18-176/2, Krishna Nagar, Madhurawada, Visakhapatnam, and pass such 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 may be pleased to direct the Respondents not to interfere with my peaceful possession and enjoyment of the property and also direct the Respondents to restore my utility lines, including the power supply connection and pass such Counsel for the Petitioner: 1. BASIREDDY GARI SOMANATHESWARA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE -3- HN, J W.P.No.15223_2026 ORDER: 1. The petitioner is aggrieved by the action of respondent No.2 in issuing the impugned notice dated 22.04.2026. It is submitted that respondent No.2 has determined the petitioner to be an encroacher of Government land in Survey No.169/3 of Madhurawada Village, Ward No.7, and has alleged that the petitioner has constructed an unauthorized shed. The petitioner has been called upon to vacate the encroached portion. 2. It is submitted that the petitioner purchased the property vide a Registered Sale Deed in the year 2015 and thereafter constructed a small ACC-sheet shed. It is further submitted that the petitioner has been in continuous possession and enjoyment of the said property. The petitioner also applied for mutation and transfer of property tax assessment onto the name of the petitioner, and the respondent authorities accordingly mutated the property in favour of the petitioner. 3. The petitioner also obtained a Building Permit Order dated 27.04.2022 seeking permission to construct a residential building. As things stood thus, respondent No.2 at the behest of the adjacent landowner, issued the impugned notice purportedly relying on a survey report dated 27.01.2026. -4- HN, J W.P.No.15223_2026 4. It is submitted that the petitioner has been in possession and enjoyment of a property, having acquired the same under a registered Sale Deed for valid sale consideration. In such circumstances, respondent No.2 could not have issued the impugned notice without conducting an enquiry or survey in the presence of petitioner. 5. The learned Standing Counsel appearing for respondent Nos.2 and 3, on written instructions, submits that the grievance of the petitioner is that respondent No.2 issued the impugned proceedings without conducting a proper survey in presence of the petitioner. It is submitted that the respondent authorities are willing to conduct a proper survey in the presence of the petitioner and that the petitioner would have to furnish his title documents to enable the respondent authorities to complete the survey and demarcate the petitioner's property. 6. Recording the submissions, the present writ petition can be disposed off directing the respondents to conduct a proper survey in presence of the petitioner, duly taking into account the petitioner's title documents for the purpose of demarcating the petitioner's property. Till the completion of such an exercise, there shall be no coercive steps taken against the petitioner's property without following the due process of law. -5- HN, J W.P.No.15223_2026 7. With these observations, the writ petition stands 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 -6- HN, J W.P.No.15223_2026 285 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15223 of 2026 Date: 02.07.2026 NKA