APHC010026092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1407/2025 Between:

P.v.s. Sankara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. KAVITHA GOTTIPATI Counsel for the Respondent(S):

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

ORDER

The present Writ Petition came to be 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 mandamus declaring the action of the 2^nd Respondent authorities in trying to demolish the compound wall constructed on the petitioner’s private property of land admeasuring Ac.0.12 cents in D.No.23/B-3 of Tadepalli Village and Mandal, Mangalagiri Sub-Division, Guntur District without following due process of law or issuing any notice is illegal, arbitrary, unjust and violation of principles of natural justice and consequently direct the respondent authorities not to interfere with the peaceful possession and enjoyment of the scheduled property of the petitioner and pass…”

2. The brief facts of the case are that the petitioner is the absolute owner and possessor of the land admeasuring Ac.0.12 cents in D.No.23/B-3 of Tadepalli Village & Mandal, Mangalgiri Sub-Division, Guntur District. Having purchased the subject property through a registered sale deed dated 23.06.2006, vide Document No.3920/2006, the petitioner with an intention to protect the aforesaid land, to prevent the same from unlawful activities and to avoid third party trespasses, has constructed a compound wall in his private property. But, in spite of the same, on 30.12.2024, the respondent No.2 authorities had visited the scheduled property and tried to demolish the compound wall constructed by the petitioner without any prior notice and without following the due process of law. Aggrieved by the action of the respondents, the petitioner had filed the present writ petition.

3. Heard Smt. Kavitha Gottipati, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.1, Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent No.2 and perused the material available on record.

4. Today when the matter came up for hearing, Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent No.2, has furnished a copy of instructions dated 21.01.2025, issued by the Commissioner, Mangalgiri Tadepalli Municipal Corporation, wherein it is stated that the subject compound wall site is a public road as per the approved layout in R.L.P.No.33/2011/MGL, vide proceedings in C3/131/2008, dated 29.06.2011 issued under the A.P. Regulation of unapproved and illegal Layout Rules, 2007, by the erstwhile VGTM UDA, Vijayawada, wherein it is stated as follows:

“……As per the condition No.8 of the proceedings, the roads and open spaces as per the layout pattern regulated by these orders are deemed to be handed over to the Tadepalli Municipality and no claims/counter claims on the said roads and open spaces will be entertained in future.

It is further stated in the instructions that, the subject road is under the possession of the erstwhile Tadepalli Municipality and the present Mangalgiri Tadepalli Municipal Corporation (MTMC), for the last eleven (11) years and as such the respondent No.2-staff has instructed the petitioner to remove the gate which was constructed on the public road.

5. On a perusal of the instructions submitted by the learned Standing Counsel, it can be clearly understood that though it is case of the respondents that the petitioner had constructed the compound wall on the public road, admittedly, no notice was given to the petitioner duly affording an opportunity of hearing to the petitioner herein