APHC010678542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35264/2025 Between:

1. K MUNIYAMMAL, W/O LATE M. KANNIYAPPAN, AGED 69 YEARS, RIO D.NO. 8-37, JANDAMAN STREET, CHITTOOR CITY AND DISTRICT, A.P. ...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS., PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, AP SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

2. T HE DISTRICT COLLECTOR, CHITTOOR CITY AND DISTRICT.

3. T HE CHITTOOR MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, CHITTOOR CITY AND 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 to issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate Writ, declaring the action of the respondent no. 3 in trying to demolish the five rooms of the petitioner bearing D.Nos. 8-328, 8-329 and 8-330, Gandhi Road, Chittoor City and District for widening of roads without following the procedure prescribed and without issuing notice to the Petitioner as arbitrary illegal and violative of Articles 14, 21 and 300-A of the Constitution of India and also the provisions of the Andhra Pradesh Municipalities Act and consequently a) direct the respondent no. 3 not to interfere with the five rooms of the petitioner bearing D.No's. 8- 328, 8-329 and 8-330, Gandhi Road, Chittoor City and District without following the procedure prescribed and without issuing notice to the petitioner and b) direct the respondent no. 3 to providing me a compensation for the demolishing of five rooms steps without issuing notice and pass IA NO: 1 OF 2025 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 respondent no. 3 not to demolish and interfere with the five rooms of the petitioner bearing D.No's. 8-328, 8-329 & 8-330, Gandhi Road, Chittoor City & District without following the procedure prescribed and without issuing notice to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner:

1. TRIMOORTHY K G Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:

Order:-

The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondent authorities in demolishing the steps constructed in front of the shops of the petitioner.

2. It is submitted that the petitioner has not encroached on any road portion; however, the respondent authorities have demolished the steps without issuing any notice. It is further submitted that the respondent authorities intend to widen the road as per the master plan and, in that process, are holding out threats of demolition of the petitioner’s property.

3. The learned Standing Counsel appearing for the 3^rd respondent, on written instructions, submits that the 3^rd respondent has removed the encroachments on the road margin and laid a footpath. It is further submitted that in the event the petitioner’s property is required for road widening or any other public purpose, the same shall be acquired in accordance with law.

4. Recording the same, this writ petition stands disposed of at the admission stage by directing the 3^rd respondent not to disturb the peaceful possession and enjoyment of the property without following due process of law. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

____________________ JUSTICE HARINATH.N

18.12.2025 PNS