APHC010445962026 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: 24206/2026 Between: 1. BANDILA MUNENDRA,, S/O. LATE MUANIAH, AGED 48 YEARS, OCC. CULTIVATION, RIO. D.NO.26-16,162, LSKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 2. BANDELA NAGAMMA,, W/O. LATE VENKATESWARLU, AGED 50 YEARS, OCC. HOUSE WIFE, RIO. D.NO.26-16-160. ISKCON CITY, KONDAYAPALEM ROAD, NELLORE, SPSR NELLORE DISTRICT- 524001. 3. GALINKA MUNNEMMA,, W/O. AROGYA SWAMY, AGED 49 YEARS, OCC. HOUSE WIFE, RIO. LSKCON 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 Respondent Nos.2 and 3 in threatening the Petitioners to remove or demolish their structures situated in CAS.No.109 (Sy.No.348 and 349 of Kondayapalem Village), lskon 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 direct 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 process of law as contemplated under RFCTLARR Act, 2 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, pending disposal of the above writ petition Counsel for the Petitioner(S): 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24200 OF 2026 ORDER : 1. The learned counsel for the petitioners submits that the respondents are holding out a threat of dispossession of the petitioners from the subject property without issuing any notice. 2. The learned Standing Counsel appearing for respondent Nos.2 and 3 submits that the petitioners have encroached upon the canal land and that the respondents have conducted a joint survey, pursuant to which the petitioners have been identified as encroachers. 3. Be that as it may, the respondents are duty-bound to follow the directions issued by the Hon’ble Division Bench of this Court in W.P.(PIL) No.140 of 2022 and batch. 4. The respondents shall issue show-cause notices to the petitioners, calling upon them to submit their explanation and produce the relevant documents, if any, in support of their claim. The respondents shall also afford the petitioners an opportunity of personal hearing before passing any orders with regard to eviction or removal of the alleged encroachments. 5. With the above observations and directions, 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 4 Whether the order is : Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 99 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24206 OF 2026 Dated 24.08.2026 KGM