1 HN, J W.P.No.15402_2023 APHC010296312023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 5th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15402/2023 Between: 1. BURADA APPALA NAIDU, S/O LATE RAMI NAIDU AGED ABOUT 70 YEARS, OCC.ADVOCATE, 4TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 2. BURADA VARA LAKSHMI, W/O BURADA APPALA NAIDU, AGED ABOUT 69 YEARS, OCC. HOUSE WIFE, 4TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY MUNCIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, RAJAM MUNICIPALITY,RAJAM TOWN VIZIANAGARAM DISTRICT. 3. THE TOWN PLANNING OFFICER, RAJAM MUNICIPALITY,RAJAM TOWN VIZIANAGARAM DISTRICT. 4. GORLE JANARDANA RAO, S/O LATE APPALANAIDU AGED ABOUT 64 YEARS, OCC. RETD EMPLOYEE, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 5. PALAVALASA SRINIVASA RAO, S/O VENKATA NAIDU AGED ABOUT 55 YEARS, OCC. EMPLOYEE(TEACHER), 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 2 HN, J W.P.No.15402_2023 6. PALAVALASA RAMBABU, S/O VENKATA NAIDU AGED ABOUT 45 YEARS, OCC. BUISINESS, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 7. PALAVALASA MADHUSUDHANA RAO, S/O VENKATA NAIDU AGED ABOUT 50 YEARS, OCC. EMPLOYEE(TEACHER), 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 8. MATCHA LASHUNU NAIDU, S/O LATE SWAMY NAIDU AGED ABOUT 71 YEARS, OCC. RETD EMPLOYEE, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 9. GONDELA SITARAM, S/O LATE SRIRAMULU AGED ABOUT 44 YEARS, OCC. EMPLOYEE, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 10. CHEBOLU VENKAT SAI MURALIDHAR, S/O LATE APPALARAJU AGED ABOUT 52 YEARS, OCC. EMPLOYEE(TEACHER), 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 11. SHESAPU JAGADEESH, S/O RAMAMURTHY NAIDU AGED ABOUT 47 YEARS, OCC. PRIVATE EMPLOYEE, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 12. UTTARAVALLI AMARANATH, S/O LATE RAMINAIDU AGED ABOUT 55 YEARS, OCC. UN-EMPLOYEE, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. 13. GARA SIMHALA NAIDU, S/O NOT KNOWN AGED ABOUT 52 YEARS, OCC. BUISINESS, 5TH LINE MARUTHI NAGAR, RAJAM TOWN AND MANDAL VIZIANAGARAM DISTRICT. ...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 trying to Demolish the petitioners compound wall at plot no. 11 and 12 in sy.no.111/1 at R/o 4th line Maruthi Nagar, Rajam town and Mandal Vizianagaram district, in pursuance of impugned provisional order notice dated 20.06.2023 issued by the 2nd Respondent, is highly illegal, arbitrary and violation of Art. 14, 21 and 300 (A) 3 HN, J W.P.No.15402_2023 of Constitution of India and violation sec. 217,228(1) of AP Municipality Act,1965 and Sec.88(1and2), 90(1) of APMR andUDA Act 2016 and also violation of Principles of Natural Justice and consequently set aside the impugned provisional order notice dated 20.06.2023 issued by the 2nd Respondent and pass IA NO: 1 OF 2023 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 suspend the impugned provisional order notice vide notice no.05/1133/RJM/UC/2023 dated 20.06.2023 issued by the 2nd Respondents and pass such Counsel for the Petitioner(S): 1. TOTA TEJESWARA RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 3. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 4 HN, J W.P.No.15402_2023 ORDER: 1. The present writ petition is filed aggrieved by the action of the respondent authorities in trying to demolish the petitioner’s compound wall at plot Nos.11 and 12 in Survey No.111/1, Vizainagaram. 2. This Court, vide order dated 28.06.2023, directed the respondent authorities not to take any further action and also directed the petitioner not to undertake any further construction activity. 3. The learned Standing counsel appearing for respondent Nos.2 and 3 submits that, though there is a direction of this Court restraining the petitioner from undertaking any further construction, the petitioner has completed the construction of the compound wall. 4. Recording the same, the present writ petition stands disposed off, leaving it open for the respondent authorities to follow due process of law in the event any further action is required to be taken against the petitioner’s construction. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:05.08.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 HN, J W.P.No.15402_2023 215 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15402 of 2023 Date: 05.08.2026 NKA