APHC010268192019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 11th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12147/2019 Between: 1. ARANGI RAMANA MURTHY, S/O. LATE ARANGI VENUGOPALRAO AGED 45 YEARS, R/O. D.NO.30-73-20, KANITHI R.H COLONY, WARD NO.53, GAJUWAKA, VISAKHAPATNAM. 2. BODDA VIJAYA BHASKAR RAO, S/O. BODDA SITARAMUNAIDU AGED 68 YEARS, R/O. 30-73-19, KANITHI R.H COLONY, WARD NO.53, GAJUWAKA, VISAKHAPATNAM. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. TAHSILDAR, GAJUWAKA MANDAL VISAKHAPATNAM. 3. ZONAL COMMISSIONER, GRATER VISAKHAPATNAM MUNICIPAL CORPORATION ZONE V, VISAKHAPATNAM. ...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 to to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 and 3 2 VS,J W.P.No.12147 of 2019 in resorting to demolish the respective Houses of the petitioners covered by Door No.30- 73-20 and 30-73-19 in Kanithi R.H.Colony, Ward No.53, Gajuwaka, Visakhapatnam as illegal, arbitrary and in violation of principles of natural justice and to consequently direct the respondents not to interfere with the structures of houses of the petitioners covered by Door No.30-73-20 and 30-73-19 in Kanithi R.HColony, Ward No.53, Gajuwaka, Visakhapatnam and to pass IA NO: 1 OF 2019 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 Houses of the petitioners covered by Door No.30-73-20 and 30-73-19 respectively situated in Kanithi R.H.Colony, Gajuwaka, Visakhapatnam pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 3 VS,J W.P.No.12147 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent No.2 and 3 in resorting to demolish the respective Houses of the petitioners covered by Door No.30-73-20 and 30-73- 19 in Kanithi R.H.Colony, Ward No.53, Gajuwaka, Visakhapatnam as illegal, arbitrary and in violation of principles of natural justice and to consequently direct the respondents not to interfere with the structures of houses of the petitioners covered by Door No.30-73-20 and 30-73-19 in Kanithi R.H.Colony, Ward No.53, Gajuwaka, Visakhapatnam and to pass…” 2. The brief facts of the case are that one late Sri. Arangi Venugopala Rao (father of the 1st petitioner) was the absolute owner of the residential house situated in an extent of 107 square yards covered by door No.30-73-20, Kanithi R.H. colony, Gajuwaka, Visakhapatnam and after his demise, the said property devolved upon the 1st petitioner. The 2nd petitioner is the absolute owner of the residential house situated in an extent of 107 square yards covered by door No.30-73-19, Kanithi R.H. Colony, Gajuwaka, Visakhapatnam. Ever since, the petitioners have been in possession and enjoyment of their respective properties. 4 VS,J W.P.No.12147 of 2019 3. While the matter stood thus, the respondent Nos.2 and 3 are alleged to have threatened the petitioners of dispossession from the subject property by demolishing the said houses, without following due process of law. Aggrieved by the said action, the present writ petition is filed. 4. When the writ petition came up for admission on 27.08.2019, this Court has passed an interim order directing the respondents not to demolish the houses of the petitioners covered by door Nos.30-73-20 and 30-73-19 situated in Kanithi R.H. Colony, Gajuwaka, Visakhapatnam. 5. Though the writ petition pertains to the year 2019, no counter affidavit has been filed by the respondents. 6. Heard Sri. V.V. Satish, learned counsel for the petitioners, Sri. A.S.C. Bose, learned Standing Counsel for the respondent municipality and learned Assistant Government Pleader for Revenue. 7. Perused the entire material available on record. During the course of arguments, learned Standing Counsel brought to the notice of this Court that pursuant to the interim order granted in the present case, the respondent authorities have physically verified the subject properties and identified that no such door number, as claimed by the petitioners, exists in Kanithi R.H. Colony, Gajuwaka, Visakhapatnam and that the last door number situated in the area is door No.30-73-18 and that it is a 5 VS,J W.P.No.12147 of 2019 dead-end. As such, he could not furnish any instructions as to whether the interim order granted by this Court has been complied with. 8. It can be understood that upon physical verification of the subject properties, the respondent authorities could not trace out the properties claimed by the petitioner in Kanithi R.H. Colony, Gajuwaka, Visakhapatnam. Furthermore, it is to be noted that the petitioners have not filed any contempt case contending that the interim order granted by this Court has not been complied with by the respondents. In such circumstances, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities not to interfere with the house bearing door Nos.30-73-20 and 30-73-19, Kanithi R.H. colony, Gajuwaka, Visakhapatnam, without following due process of law. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 11.08.2026 Gss