Date of Order : 07.07.2026 Date of uploading : 13.07.2026 APHC010088812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4870/2026 Between: 1. DARLA PRASANNA KUMAR, S/O.LATE DARLA DASU, AGED ABOUT 42 YEARS, R/O.H.NO.6-1178, AMBEDKAR NAGAR, JAGGAIAHPET, NTR DISTRICT. ...PETITIONER AND 1. THE JAGGAIHPET MUNICIPALITY, JAGGAIAHPET, NTR DISTRICT REP BY ITS COMMISSIONER. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. ...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 writ of Mandamus to declare the action of the Respondent No.l in issuing the Impugned Encroachment Notice No.3/2026/TP, dated 07-02-2026 to the deceased father of the Petitioner and affixing the same to the house of the Petitioner on 18-02-2026 directing to remove the building bearing H.No.6-1199, Yerra Kaluva Katta, Kodada Road, Jaggaiahipet, NTR District within 3 days without issuing show cause notice and without following due process of law as arbitrary, illegal and beyond jurisdiction and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the Impugned Encroachment Notice No.3/2026/TP, dated 07-02-2026 issued by the 1st Respondent in the interest of justice. 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 in pursuant to the Impugned Encroachment Notice No.3/2026/TP, dated 07-02-2026 issued by the 1st Respondent pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.4870 OF 2026 ORDER: 1. The present writ petition is filed aggrieved by the action of respondent No.1 in issuing the impugned notice dated 07.02.2026 in the name of the petitioner's deceased father. 2. It is submitted that respondent No.1 has determined that the subject property falls within the municipal limits and forms part of the Errakaluva Bund. It is further submitted that W.P.No.2336 of 2022 was filed by Sri Y. R. Kotireddy and another, arraying the petitioner's father as respondent No.12. The said writ petition was disposed of with a direction to the respondent authorities to take appropriate steps in accordance with law. 3. The learned Standing Counsel appearing for respondent No.1 submits that the Commissioner has furnished written instructions stating that the passage leading to the land of the writ petitioners in W.P.No.2336 of 2022 had been encroached upon by respondent Nos.11 and 12 therein, and that the Tahsildar, Jaggaiahpet, had submitted a list of 284 illegal occupants. It is further submitted that, while disposing of W.P.No.2336 of 2022, this Court directed respondent Nos.5 to 10 therein to take appropriate steps to remove the encroachments made by respondent Nos.11 and 12. Pursuant to the said directions, notices were issued. It is further submitted that respondent No.1 was unaware of the demise of the petitioner's father and, therefore, the impugned notice was issued in his name. 4. Considering the above submissions, the impugned notice is hereby set aside, leaving it open to respondent No.1 to issue a fresh notice to the petitioner calling upon him to vacate the encroached area within the time stipulated therein. Failing compliance with the said notice, respondent No.1 shall be at liberty to take appropriate steps for removal of the encroachment in accordance with law and in terms of the directions issued by this Court in W.P.No.2336 of 2022. 5. Accordingly, the writ petition is disposed off. There shall be no order as to costs.. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:07.07.2026 KGM 136 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.4870 of 2026 Date: 07.07.2026 KGM