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2026 DAILYLAW 5870 (AP)

Devarasetty Mallukarjunarao, S/o Balakotaiah v. The State of Andhra Pradesh

WP/21898/2015 · 2026-07-19

Harinath N

body2026

Judgment text

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1 HN, J W.P.No.21898_2015 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010815642015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21898/2015 Between: 1. DEVARASETTY MALLUKARJUNARAO, S/O BALAKOTAIAH, R/O 25- 1-7, G.N.T.ROAD, STREET NO.761, OLD WARD NO.17, NEW WARD NO.23, BLOCK NO.4, R. AGRAHARAM, GUNTUR, GUNTUR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, MUNICIPAL ADMINISTRATION DEPT, SECRETARIAT BUILDING, HYDERABAD. 2. THE COMMISSIONER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 3. THE CITY PLANNER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 5. THE A P CAPITAL REGION DEVELOPMENT AUTHORITY, REP BY ITS PRINCIPAL SECRETARY/CHAIRMAN, MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. ...RESPONDENT(S): 2 HN, J W.P.No.21898_2015 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 orders more particularly in the nature of the Writ of Mandamus declaring the action of 2nd & 3rd respondents and their subordinates in trying to demolish a portion of the residential premises of the petitioner with D.No.R/o.25-1-7, G.N.T.Road, Street No.761, Old Ward No.17, New Ward No.23, Block No.4, R.Agraharam, Guntur, Guntur Dist, in pursuance of the Roc.No.1909/2011/G4, Dt.26.2.2014 without following due process of law, notice or opportunity and under the colourable exercise of the power/extraneous considerations and as per their whims and francies, as arbitrry, illegal, agaisnt principles of natural justice and violation of Art.300-A of constitution of India and consequently to restrain the respondents from demolishing any portion of the petitioner's premises without following due process of law, in the interest of justice and pass IA NO: 1 OF 2015(WPMP 28206 OF 2015 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 to restrain the respondents 2 & 3 their subordinates from demolishing any portion of the residential premises of the petitioner with D.No.25-1-7, G.N.T.Road, Street No.761, Old Ward No.17, New Ward No.23, Block No.4, R.Agraharam, Guntur, Guntur Dist in the interest of justice, pending disposal of the Writ petition and pass IA NO: 4 OF 2015(WPMP 123229 OF 2015 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 Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. ANCHA PANDURANGA RAO 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3 HN, J W.P.No.21898_2015 ORDER: 1. The present writ petition is filed, aggrieved by the action of respondent Nos.2 and 3 in trying to demolish a portion of the petitioner’s residential premises bearing D.No.25-1-7, G.N.T.Road, Street No.761, Old Ward No.17, new Ward No.23, Block No.4, A.Agraharam, Guntur District, in pursuance of Roc.No.1909/2011/G4, dated 26.02.2014, without following due process of law or issuing any notice or providing an opportunity of hearing to the petitioner. 2. This Court, vide order dated 15.07.2015, directed that, if the respondent Corporation wanted to extend the 100-feet road, it shall follow the due process of law. 3. Recording the same, the present writ petition is disposed off in terms of the interim order, making it clear that the respondent Corporation shall follow the due process of law if it wants to extent the 100-feet road. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:20.07.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 HN, J W.P.No.21898_2015 91 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21898 of 2015 Date: 20.07.2026 NKA