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2026:APHC:23844

APHC010194542015

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3327]

(Special Original Jurisdiction)

THURSDAY,THE FIFTH DAY OF MARCH

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO.14724 OF 2015

Between:

A.Kattan ( Died) Per LR

K. Sai Hemavathi ...PETITIONER(S)

AND

The Union of India,

Rep. by its Secretary,

Ministry of Railways, New Delhi and others ...RESPONDENTS

Counsel for the Petitioner(S):

1. T LAKSHMI NARAYANA

Counsel for the Respondent(S):

1. ADHI VENKATESWARA RAO

2. DEPUTY SOLICITOR GENERAL OF INDIA

The Court made the following ORDER:

The present Writ Petition is filed seeking to declare the

proposed action of respondent Nos.3 and 4 to demolish the

residential house of the petitioner bearing D.No.13-138, situated

at 2^nd street, Vinayakanagar, Renigunta, Chittoor district, in a

house plot of an extent of 133 1/3 sq. yards, equivalent to 1200

sq. feet, situated in Survey No.776/B1, at Bugga Extension

SRK, J

2 WP No.14724 of 2015 2026:APHC:23844

Residential area, New Ward No.11, Old Ward No.9, within the

jurisdiction of Renigunta Gram Panchayath, Tookivakam village

accounts, Renigunta Mandal and Sub-Division, Sri Balaji

Registration District, Chittoor Revenue District, without following

due process of law, as illegal and arbitrary.

2. Case of the petitioner is that he is working as Dresser in the

South Central Railway and he is the absolute owner and

possessor of the above mentioned property, having purchased

the same under a registered sale deed bearing document No.209

of 1999, dated 03.02.1999. After obtaining necessary

permissions from the authorities concerned, he constructed the

house by obtaining loan from Vysya Bank House Finance Limited

and intimated the acquisition of property to the South Central

Railways in Form-I, dated 20.12.1999. While so, when the

respondents tried to demolish his residential house, without

issuing any notice or affording any opportunity of hearing,

petitioner filed WP No.11889 of 2009. Petitioner further stated

that he was going to retire on 30.05.2015 and taking advantage of

closure of this Court due to Summer Vacation, respondent Nos.3

and 4 asked him to demolish the compound wall, threatening that

if the same is not done, his pension benefits would be stopped,

and they made the markings for such demolition. Having no

other go, petitioner demolished the compound wall on

05.05.2015, but he never surrendered his right and title over the

house plot. While so, again on 16.05.2015, the respondents,

assisted by the casual labour, made markings for demolition of

petitioner’s entire residential building and they granted a week’s

time to the petitioner to vacate his residential house and

SRK, J

3 WP No.14724 of 2015 2026:APHC:23844

threatened him with dire consequences. Main grievance of the

petitioner is that the respondents are trying to demolish his

residential house without following the due process of law.

Hence, he filed the present Writ Petition.

3. This Court, on 21.05.2015, while ordering notice before

admission, granted interim stay of demolition of petitioner’s

residential house.

4. Subsequently, as the sole petitioner died, his Legal

Representative came on record as 2^nd petitioner, vide order of

this Court passed in IA No.01 of 2025, dated 17.12.2025.

5. A counter affidavit has been field by the respondents

denying the averments made by the petitioner in his affidavit and,

stating inter alia that in the year 2000, during the departmental

inspection of railway boundary between Renigunta and Tirupati

Railway Stations, some of the unauthrorized structures were

noticed within the railway boundary. Accordingly, eviction

proceedings under the Public Premises (Eviction of Unauthorized

Occupants) Act, 1971 (PPE Act) were initiated against the

encroachers duly issuing notices during 2002. Since the building

was not constructed by the petitioner during this period, no notice

has been served on him. Eviction process has been prolonged

due to pending court cases by the encroa