APHC010004142025 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: 1137/2025 Between:

Gumma Madhav ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. C VAMSI KRISHNA 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of Respondent No.3 in trying to demolish the incomplete structure existing in an extent of 5 Ankna’s in Sy.No.1015 of Buchireddypalem Village and Mandal, Sri Potti Sriramulu Nellore District without passing orders to the explanation Dt.27.06.2024 sent through register post dated 30.09.2024 for the notice issued by Respondent No.3 Dt 21.06.2024 as illegal, arbitrary, violation of principles of natural justice and violation of provisions under A.P. Municipality Act and Rules and violation of Art 14, 19, 20 and 21 of constitution of India and consequently direct the respondents not to demolish the incomplete structure existing in an extent of 5 Ankna’s in Sy.No.1015 of Bodduvaripalem Village, Kodavaluru Kavali Division, Sri Potti Sriramulu Nellore District and pass…”

2. The brief facts of the case are that the petitioner is the absolute owner and possessor of the property situated in Sy.No.1015 to an extent of 72 Sq.yards acquired through Registered Settlement Deed dated 24.09.2018 vide Doc.No.2492 of 2018, through his father and has started constructing a house in an extent of 5 Ankana’s out of 9 Ankana’s.

3. While the matter being so, after completion of almost 70% of the said construction, the petitioner had received notice on 21.06.2024, under Section 228(1) of the A.P. Municipalities Act, 1965, informing the petitioner to stop the construction activities that are being carried out by him, on the ground that the said construction is being done without obtaining any permission from the respondent authorities. In response to which, the petitioner had submitted an explanation dated 27.06.2024, through registered post dated 30.09.2024.

4. The main grievance of the petitioner is that in spite of receiving the explanation submitted by the petitioner to the impugned notice dated 21.06.2024; the respondents are initiating steps for demolishing the incomplete constructions that are existing in the petitioner’s scheduled property. Aggrieved by the action of the respondents, the petitioner had filed the present writ petition.

5. Heard Sri Vamsi Krishna Charupalli, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent Nos.1 & 2 and Smt. V.Sireesha Rani, learned Standing Counsel appearing for the respondent No.3, learned Government Pleader for Revenue and perused the material available on record.

6. Today when the matter came up for admission, learned Standing counsel appearing for the respondent No.3 has furnished a copy of instructions issued by the Commissioner, Buchireddypalem Nagara Panchayat, wherein it is stated that except the land in an extent of 15 Ankanams of auctioned site, the entire land in an extent of Ac.1.82 cents in Sy.No.1015 of Buchireddypalem, which is an endowments land and is belonging to the Kondanda Rama Swamy Temple. But, the petitioner had un- authorizedly started constructions by encroaching the road and Kaluva Poramboku in the said land without obtaining the approval from Nagara Panchayat, the then Commissioner of Buchireddypalem Nagara Panchayat had issued notice on 21.06.2024 to the petitioner instructing him to remove the said constructions within seven (07) days from the date of receipt of the notice, as the constructions are ill