Procedural due process must be adhered to in property demolition cases, as per S.406 of the A.P Municipal Corporation Act.

1. This Writ Petition for Mandamus is filed to declare the action of respondents in demolishing the compound wall of the house of the petitioner bearing D.No.56-5-6 in an extent of 145 Sq. Yds. in Jagganadhapuram of Kakinada, East Godavari District, without issuing any notice or without acquiring the same or following due process of law, as illegal, arbitrary and contrary to Art.300 - A of the Constitution of India and consequently sought direction to the respondents not to dispossess the petitioner from the said property.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri M. Manohar Reddy, learned Standing Counsel appearing for respondent No.2 and Sri P. Nagarjuna, learned counsel for impleaded respondent.

3. Briefly stated, it is the case of the petitioner that the land in an extent of 145 Square Yards in Jagannadhapuram of Kakinada, East Godavari district, is his ancestral property. His grandfather late Dodda Subbarayudu S/o.Gangaraju, purchased the same from the then District Collector, Godavari District, long back on 06.07.1924 under Patta No.1920 on payment of Rs.11-7-9 and the total extent of the land under the said Patta is 204 Square Yards. After the death of Subbarayudu, his legal hairs got the said property partitioned along with other properties and an extent of 145 Square Yards out of the said 204 Square Yards fell to the share of Sri Venkata Surya Narayana Murthy, who is the son of Subbarayudu, after his demise the said property devolved on the father of the petitioner by name Srinivasarao and his uncle Subrahmanya Sudhakar Rao and they got the said property partitioned and the said property fell to the share of the father of the petitioner and after the death of the father of the petitioner that he along with his brother and sister succeeded to the same. Thus, they have been in peaceful possession and enjoyment of the said property for the last several years.

4. While so, it is stated that on 05.07.2022, the officials of respondent No.2, took measurements of the vacant land of the said property and thereafter, they have demolished the compound wall constructed around the said property illegally, without issuing any prior notice to the petitioner and without even following due process of law to acquire the said property even for the public purpose of constructing a building for weavers society.

5. Therefore, aggrieved by the said action of respondent No.2 in demolishing the compound wall of the house of the petitioner and in making an effort to demolish the house also without following due process of law, now the petitioner is before this court by way of filing this writ petition seeking the aforesaid reliefs.

6. Respondent No.2 filed counter - affidavit, wherein it is pleaded that the 2nd respondent addressed a letter, dated 11.07.2022, to the Tahsildar, Kakinada (Urban), requesting him to verify the genuineness of the Patta and inform in writing whether the said Patta is genuine or not. It is stated that the Tahsildar, in turn, addressed a letter, dated 15.07.2022, to the Commissioner of Municipal Corporation stating that the said Patta is not visible and that the petitioner has no valid documents except fabricated and fake documents and also stating that if the petitioner is in possession of the said property since 1924, he should apply for necessary changes in T.S.F.R as T.S.F.R was prepared during the year 1922.

7. It is pleaded that at the time of obtaining building permission that the petitioner has assigned a wrong Survey number instead of Sy.No.904 and thereby obtai