APHC010014892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 876/2025 Between:

Kinthali @ Penugurthi Appamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. M. SAPTHAGIRI Counsel for the Respondent(S):

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

ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“.... to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the Respondent Nos.3 to 5 trying to demolish the petitioner House at D.No.11-2-228 New colony, Kasibugga, Palasa Mandal, Srikakulam district in pursuance of impugned Notice TUC No.1084/WPRS11/G1/2025/WARD 13 dated 06.01.2025 issued by the 3^rd Respondent, without considering the petitioner’s explanation dated 06.01.2025 is highly illegal, arbitrary and violation of Art.14, 21 and 300(A) of Constitution of India and violation Section 452(1) & 461(2) r/w Section 428, 429 of APMC Act, 1955 and under Section 89(3) of APMR and UDA Act 2016 and also violation of Principles of Natural Justice and consequently set aside the impugned demolition Notice TUC No.1084/WPRS11/G1/2025/WARD 13 dated 06.01.2025 issued by the 3^rd Respondent …...”

2. The case of the petitioner is that the 5^th respondent herein has issued a house site patta in favour of the petitioner in the year 2002, vide Patta No.R.No.3/2002, under the Landless Poor Persons quota in T.S.No.207 for an extent of 51.42 sq.yards situated at Door No.11-2-228, New Colony, Kasibugga, Palasa Mandal, Srikakulam District. Since then, the petitioner has been residing in the said property by constructing a pucca house. While the matter being so, the 3^rd respondent issued an impugned notice under Sections 189, 190, 191, 192 and 194 of APM Act, 1965, dated 06.01.2025 for which the petitioner has submitted an explanation. But, however, in spite of considering the explanation submitted by the petitioner, the respondents were initiating steps to demolish the petitioner’s house in Door No.11-2-228, in pursuance of the impugned notice dated 06.01.2025. Therefore, the petitioner filed the present writ petition.

3. Heard learned counsel for the petitioner and the learned Standing Counsel for respondents.

4. The learned Standing Counsel representing respondent Nos.3 and 4 informed this Court that as the petitioner has encroached the Government land, the 3^rd respondent has issued the impugned notice dated 06.01.2025.

5. However, on perusal of the impugned notice, it can be observed that though it is titled as a notice, it is, in fact, a final order directing the petitioner to remove the encroached portion within a period of seven days from the date of receipt of the said notice, failing which, the encroached portion would be removed departmentally. However, the said order was passed without providing any opportunity of hearing to the petitioner.

6. Since no show-cause notice was given to the petitioner before the impugned notice dated 06.01.2025, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit his explanation to the notice dated 06.01.2025, treating it as a show-cause notice, within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the respondents shall proceed in accordance with law. Till such time, the respondents are directed not to interfere with the petitioner’s possession at Door No.11-2-228, New Colony, Kasibugga, Palasa Mandal, Srikakulam District.

7. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

__________________ JUSTICE