APHC010445972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24200/2026 Between: 1. KONGI CHINNAIAH, S/O. LATE KATRAIAH, AGED 51 YEARS, OCC CULTIVATION, R/O. D.NO.26-16,169, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 2. NIDIGUNTA LAKSHMI,, W/O. TIRUPALU, AGED 51 YEARS, OCC HOUSE WIFE, R/O. D.NO.26-16-166. ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 3. NIDIGUNTA SWAPNA,, W/O. SUNIL, AGED 35 YEARS, OCC HOUSE WIFE, R/O. D.NO.26-16-167, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 4. MANGALI PENCHALAIAH,, S/O. PULLAIAH, AGED 55 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-167, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 5. NALLABALLI ADEMMA,, W/O. GOVIDNAIAH AGED 4 YEARS, OCC HOUSE WIFE, R/O. D.NO.26-16-165, ISKCON CITY, KONDAYAPALEMROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 6. VEMALA PADMA,, W/O. LATE MOSHE AGED 65 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-163, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 7. KAKUMURI RAVANAMMA,, W/O. PULLAIAH AGED 55 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-157, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 8. PILLIPAKA VENKATESWARLU,, S/O. RAMANAIAH AGED 47 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-152, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 9. PILLIPAKA RAJA,, S/O. RAMANAIAH, AGED 50 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-153, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 10. THOTI MUNIKRISHNAIAH,, S/O. MUNIRATNAM, AGED 47 YEARS, 2 OCC CULTIVATION, R/O. D.NO.26-16-150, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 11. MANGALA PENCHALAIAH,, S/O. RANGAIAH, AGED 41 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-148, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 12. SABBI CHENGAIAH,, S/O. PECHALAIAH, AGED 41 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-148, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 13. POLIPOGU CHINA PENCHALAIAH,, S/O. KARRAIAH AGED 60 YEARS, OCC. CULTIVATION, R/O. D.NO.26-16-148, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 14. CHEJERLA YASHODA,, W/O. PRASAD, AGED 38 YEARS, OCC CULTIVATION, R/O. D.NO.26-16-143, ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS.. PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDU, AMARAVATHI, GUNTUR DISTRICT-522238. 2. THE MUNICIPAL CORPORATION, NELLORE, REP.BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT-524001. 3. THE ASSISTANT CITY PLANNER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT-524001. ...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 toissue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of action of Respondent No.3 in issuing Encroachment Notices dt. 17.08.2026 requiring the Petitioners to remove his structure situated in CAS.No.109 (Sy.No.348 and 349 of Kondayapalem Village), Iskon City, Kondayapalem Road, Nellore without issuing any prior notice calling for explanation and without following the procedure contemplated under RFCTLARR Act, 2013, or without providing any alternate allotment if required for public purposes as illegal, arbitrary, irregular, violative of the provisions of GHMC Act and also violative of Articles 14, 21 and 300-A of the constitution of India and Consequently set aside Encroachment Notices dt 17.08.2026 issued by Respondent No.3 by directing the Respondent Nos.2 and 3 not to interfere with or demolish Petitioners property situated in CAS.No.109 (Sy.No.348 and 349) of Kondayapalem Village, Nellore Rural Mandal, SPSR Nellore District without following due 3 process of law as contemplated under RFCTLARR Act, 2013, or without providing any alternative allotment if required for public purposes and GHMC Act 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 Direct Respondent No.2 not to interfere with the peaceful possession and enjoyment of Petitioners property situated in CAS.No.109 (Sy.No.348 and 349) of Kondayapalem Village, Nellore Rural Mandal, SPSR Nellore District IA NO: 2 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 suspend Encroachment Notices dt: 17.08.2026 issued by Respondent No.3 to the Petitioners, pending disposal of the above writ petition Counsel for the Petitioner(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24200 OF 2026 ORDER : 1. The petitioners are aggrieved by the issuance of notices under Sections 405 and 406 of the Andhra Pradesh Municipal Corporation Act, 1955, calling upon them to remove the alleged unauthorized constructions made on Government land within a period of seven days. 2. It is submitted that the petitioners have been residing in the subject property for more than 50 years after constructing residential houses thereon. It is further submitted that respondent No.3 could not have issued the impugned notices without first calling upon the petitioners to submit their documents, if any, and without affording them an opportunity of personal hearing, as directed by the Hon’ble Division Bench of this Court in W.P.(PIL) No.140 of 2022 and batch. 3. The learned Standing Counsel appearing for respondent Nos.2 and 3 has placed the instructions received by him on record. It is stated that, in an earlier round of litigation, some of the petitioners had filed W.P.No.31068 of 2025, wherein this Court directed respondent No.2 to issue a fresh show-cause notice calling upon the petitioners to submit the relevant documents in support of their claim with regard to the alleged encroachments. Thereafter, respondent No.2 was given liberty to pass appropriate orders after issuing due notice and affording an opportunity of hearing to all the parties concerned. 5 4. As seen from the impugned proceedings, no show-cause notice was issued to the petitioners. The impugned encroachment notices cannot be treated as show-cause notices calling upon the petitioners to submit their explanation or to produce the title documents, if any, available with them. However, the learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the plot owners in the layout had submitted the relevant documents relating to their respective plots, whereas the persons found occupying the canal-side area did not produce any patta certificates. 5. Recording the above submissions, it is evident that no show-cause notices were issued to the petitioners calling upon them to submit their explanation or to produce the relevant documents in support of their possession and enjoyment of the subject property before issuing the impugned proceedings. 6. In view of the above, the impugned proceedings are hereby set aside, leaving it open to the respondent authorities to proceed in accordance with the directions issued by the Hon’ble Division Bench of this Court in W.P.(PIL) No.140 of 2022 and batch. It is made clear that the respondents shall issue show-cause notices to the petitioners and afford them an opportunity of hearing before taking any further action against the alleged unauthorized occupants/encroachers. Any action taken by the respondents without following the aforesaid procedure 6 shall be contrary to the principles of natural justice and the directions of this Court. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dated : 24.08.2026 KGM Whether the order is : Speaking Reasoned ☑ Reportable Non-reportable ☑ 7 99 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24200 OF 2026 Dated 24.08.2026 KGM