APHC010349642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18835/2026 Between: 1. PATIMEEDA SANKARA RAO,, S/O APPARAO, AGED ABOUT 66 YEARS, RESIDING AT DOOR NO. 128/5, SOUNDHARYA NARAYANA MURTHY NAGAR, REVENUE WARD NO. 8, PARVATHIPURAM, MANYAM DISTRICT, ANDHRA PRADESH - 535501 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI.522238 2. THE COMMISSIONER, PARVATHIPURAM MUNICIPAL CORPORATION, PARVATHIPURAM, MANYAM DISTRICT.535501 ...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 toto issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of Respondent No.2 in issuing the Notice vide Roc No. 452/2023/S-2/G1 dated 17.05.2026 in respect of the building D.No. 128/5 measuring to an extent of 194.95 Sq.mts in RS/TS No. 341/1 part. Situated at Sowandhraya Narayana Murthy Nagar, Revenue Ward No.8, Parvathipuram, Manyam District, as illegal, arbitrary and contrary to the provisions of Andhra Pradesh Municipal Corporations Act,1955 and A.P Municipalities Act, 1965 and rules made thereunder, besides being opposed to the very spirit and nature of Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Notice vide Roc No. 452/2023/S-2/G1 dated 17.05.2026 in respect of the building D.No.128/5 measuring to an extent of 194.95 Sq.mts in RS/TS No. 341/1 part. Situated at Sowandhraya Narayana Murthy Nagar, Revenue Ward No.8, Parvathipuram, Manyam District issued by the 2nd Respondent and/or 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 demolition, pursuant to the Notice vide Roc No. 452/2023/S-2/G1 dated 17.05.2026 in respect of the building D.No. 128/5 measuring to an extent of 194.95 Sq.mts in RS/TS No. 341/1 part. Situated at Sowandhraya Narayana Murthy Nagar, Revenue Ward No.8, Parvathipuram, Manyam District issued by the 2^^ Respondent, pending disposal of the above writ petition and to pass IA NO: 2 OF 2026 2 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 amend the cause title and IA by amending the name of the 2nd Respondent Corporation by replacing The Commissioner, Parvathipuram Municipal Corporation, Parvathipuram, Manyam District with The Commissioner, Parvathipuram Municipality, Parvathipuram, Manyam District in W.P.No.18835 of 2026, pending disposal of the W.P. before this Honble Court, and pass Counsel for the Petitioner: 1. VUBBARA DUSHYANTH 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: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.18835 OF 2026 ORDER : 1. The present writ petition is filed aggrieved by the action of respondent No.2 in issuing the impugned notice dated 17.05.2026, whereby the petitioner was called upon to remove the alleged encroachment in R.S.No.343, which is stated to be a tank land. 2. The learned counsel for the petitioner submits that the petitioner is a bona fide purchaser of Plot No.2, admeasuring 233.33 square yards, situated in R.S.No.341/1 of Soundharya Narayana Murthy Nagar Layout, Parvathipuram. It is submitted that the petitioner had also obtained the requisite building permission on 13.06.2024 for construction of a residential dwelling unit. It is further submitted that respondent No.2, without conducting any survey, has concluded that the petitioner is in occupation of land in R.S.No.343, which, according to the respondent, is a Government tank land. 3. Smt. V. Sireesha Rani, learned Standing Counsel appearing for respondent No.2, on written instructions, submits that respondent No.2 has undertaken steps to remove encroachments over water bodies and tank bunds in compliance with the directions issued by this Court in W.P.(PIL) No.61 of 2025. It is submitted that a joint survey was conducted, during which 24 encroachments within the tank area in R.S.No.343 were identified. It is further stated that R.S.No.343 is classified as Government water body land. 4 4. In reply, the learned counsel for the petitioner submits that the petitioner is in possession of only 233.33 square yards of land in R.S.No.341/1 and no land beyond the said extent. It is further submitted that the joint survey referred to in the written instructions was not conducted by taking into consideration the petitioner's title documents. 5. Upon considering the submissions and on considering the material on record, the writ petition is disposed of directing respondent No.2 to issue a proper notice to the petitioner before conducting a survey. Such survey shall be conducted by referring to the petitioner's title documents, demarcating the petitioner's land in R.S.No.341/1, and identifying and demarcating the extent of encroachment, if any, in R.S.No.343. Thereafter, it is open to the respondents to take appropriate action in accordance with law for reclaiming the Government water body/tank bund. Needless to mention that, till completion of the aforesaid process, the respondents shall not interfere with the petitioner's peaceful possession and enjoyment of the property situated in R.S.No.341/1. 6. 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 Dated 16.07.2026 KGM Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 144 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.18835 OF 2026 Dated 16.07.2026 KGM