1 HN, J W.P.No.33521_2016 Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010174952016 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: 33521/2016 Between: 1. SMT. THANDROTHU RAMADEVI,, W/O. POLINAIDU, HINDU, AGED ABOUT 43 YEARS, OCC: HOUSE WIFE, R/O. RAMAVARAPPADU VILLAGE, VIJAYAWADA RURAL MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, ANDHRA PRADESH SECRETARIAT, HYDERABAD. 2. THE CAPITAL REGION DEVELOPMENT AUTHROITY, REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 3. THE GRAM PANCHAYAT PRASADAMPADU VILLAGE, VIJAYAWADA RURAL MANDAL, KRISHNA DISTRICT, REPRESENTED BY ITS SECRETARY. ...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 or direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents and their officials 2 HN, J W.P.No.33521_2016 in trying to demolish the petitioners building admeasuring in an extent of 311.73 Sq. yards situated at Door No. 8-10, RS No.109/1 Plot No. 86 B and 87 B at Ramavarappadu Village, Gram Panchayath, Vijayawada Rural, Krishna District as being illegal, arbitrary, violative of principles of natural justice and violative of Articles, 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to demolish the petitioners building admeasuring in an extent of 311.73 Sq. yards situated at Door No. 8- 10, RS No.109/1 Plot No. 86 B and 87 B at Ramavarappadu Village, Gram Panchayath, Vijayawada Rural, Krishna District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice. IA NO: 1 OF 2016(WPMP 41402 OF 2016 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 direct the respondents not to demolish the petitioner's building admeasuring in an extent of 311.73 Sq. yards situated at Door No. 8-10, RS No.109/1 Plot No. 86 B and 87 B at Ramavarappadu Village, Gram Panchayath, Vijayawada Rural, Krishna District, pending disposal of the above writ petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2017(WVMP 1698 OF 2017 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 vacate the interim order passed in WPMP.No. 41402/2016 in WP 33521 of 2016 dt. 28.09.2016 and pass Counsel for the Petitioner: 1. SURESH KUMAR ROUTHU Counsel for the Respondent(S): 1. A S C BOSE 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3. ELEVATED AS JUDGE 3 HN, J W.P.No.33521_2016 ORDER: 1. The present writ petition is filed, aggrieved by the action of the respondent authorities in trying to demolish the petitioner’s building. It is submitted that respondent No.2 has filed a counter affidavit stating that the writ petition has been filed merely on an apprehension that the respondents would demolish the building without following the principles of natural justice. 2. It is stated in the counter that a provisional order under Sections 115(3) and 115(4) of the APCRDA Act, is required to be issued to the owner of the property in respect of the unauthorized construction. It is further stated that, after granting reasonable time to the owner for submission of an explanation and upon consideration of the same, if the Commissioner is not satisfied with the explanation, the Commissioner of respondent No.2 may confirm the provisional order. Thereafter, a final order in terms of Sections 115(3) and 115(4) of the APCRDA Act, and under Section 115(4), the Commissioner is empowered to demolish the unauthorized construction. 3. It is further stated in the counter affidavit that the Government has delegated the powers of the CRDA to the Municipalities/Corporations/Gram Panchayat. As such, the Gram Panchayat has also been delegated the power of demolition under Section 115 of the APCRDA Act. 4. In view of the above, the interim order dated 28.09.2016 stands modified to the extent that the respondents shall issue notice to the petitioner 4 HN, J W.P.No.33521_2016 in accordance with law and thereafter take further action strictly in accordance with the provisions of the Act and the law. 5. Accordingly, the writ petition stands disposed off. 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 5 HN, J W.P.No.33521_2016 113 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33521 of 2016 Date: 20.07.2026 NKA