APHC010117552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

WEDNESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos.6330 & 6343 of 2026 WRIT PETITION NO: 6330/2026 Between:

1. K ASA SUBRAMANYAM, S/O KASA RAMANAIAH, AGED ABOUT 55 YEARS, R/O. DOOR NO. 13-314/2, SHIVALAYAM STREET, VENKATAGIRI, TIRUPATI DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPALITIES AND URBAN DEVELOPMENT DEAPRTMENT, A.P.SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT-522238

2. T HE VENKATAGIRI MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, VENKATAGIRI TOWN, TIRUPATI DISTRICT, ANDHRA PRADESH PINCODE-524132 ...RESPONDENT(S):

Counsel for the Petitioner:

1. KANDERI CHETHAN Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP WRIT PETITION NO: 6343/2026 Between:

1. A NEM MALLAMMA, W/O RAJA RADHAKRISHNA RAO, AGED ABOUT

83 YEARS R/O. DOOR NO. 13-434, SHIVALAYAM STREET, VENKATAGIRI, TIRUPATI DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPALITIES AND URBAN DEVELOPMENT DEPARTMENT, A.P.SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT-522238

2. T HE VENKATAGIRI MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, VENKATAGIRI TOWN, TIRUPATI DISTRICT, ANDHRA PRADESH PINCODE-524132 ...RESPONDENT(S):

Counsel for the Petitioner:

1. KANDERI CHETHAN Counsel for the Respondent(S):

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

ORAL COMMON ORDER:

Heard Sri Kanderi Chethan, learned Counsel for the Writ Petitioners and Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities.

2. Sri G. Lakshmi Narayana, learned Standing Counsel for Municipalities has submitted the Written Instructions furnished by the Commissioner, Venkatagiri Municipality along with sketch prepared by the Town Surveyor of Venkatagiri Municipality. Copies of it are supplied to the Counsel for the Writ Petitioners and the same are taken on record.

3. The Written Instructions would indicate that a Survey was conducted and, based on the Survey Report, the Impugned Notices were issued to the Petitioners herein dated 11.02.2026 (Ex.P.1) in both the Writ Petitions.

4. Learned Counsel for the Petitioners, at this stage, would submit that, at the time when the alleged Survey was conducted, the Petitioners had no Notice, and therefore it is inappropriate on the part of the Respondents to issue the Impugned Notice based on a Survey Report where the Survey was conducted behind the back of the Petitioners.

5. Having considered the facts of the case, this Court is in agreement with the submission made by the learned Counsel for the Petitioners that the Survey conducted behind the back of the Petitioners cannot be relied upon. Accordingly, the Impugned Notices, which were issued as a consequence of the alleged Survey conducted by the Official Respondents, are set aside.

6. The Respondents are given liberty to conduct a fresh Survey in the presence of all the interested parties, including the Petitioners, by adhering to the Principles of Natural Justice.

7. The Official Respondents shall issue Advance Notice to the Petitioners and other interested Parties by fixing a date and time, and shall also accept the submissions of the interested Parties as well as the documents produced by them.

8. The Survey Report shall be prepared after considering the submissions and the documents submitted by all the interested Parties. A copy of such Survey Report shall be furnished forthwith to all the concerned parties, including the Petitioners.

9. With these observations and directions, the Writ Petitions are disposed of.

10. No interference shall be made for a period of two (02) weeks after furnishing a copy of the Survey Report to the Petitioners herein.

11. Interlocutory Applications, if any, stand closed in terms of this order.

_________________________________ GANNAMANENI RAMAKRIS