APHC010030842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1610/2025 Between:

Shaik Afroz Hussain, ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner:

1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

2. GP FOR REVENUE 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in obstructing the petitioner to raise Compound Wall in the land in an extent of Ac-0.02.651 cents out of Ac-0.66 cents in Sy.No.606/1B of (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District stating that 40 feet road is required to be laid through the same and also under the guise of survey proposed to be conducted in the adjacent lands, that too without adhering to the procedure of law as arbitrary, illegal, contrary to the provisions of the Greater Hyderabad Municipal Corporation Act, 1955 and also well-established legal principles, apart from being violative of the Fundamental Rights guaranteed to him under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No.2 to 5 not interfere with the right over the land an extent of Ac-0.02.651 cents out of Ac-0.66 cents in Sy.No.606/1B of (Ward No 9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa City, YSR District under the guise of formation of a road through the same and also the survey proposed to be conducted in pursuance of the Notice dated 07.01.2025…...”

2. The petitioner is engaged in real estate business and as a part of his business he has developed the land in an extent of Ac.0.63.349 cents out of Ac.0.66 cents in Sy.No.606/1B (Ward No.9, Corporation Ward No.30, BR Colony), Ukkayapalli Village fields, Kadapa city, YSR District, which was owned and possessed by one Smt.Santhamma who, in turn, has purchased the same through a sale deed dated 03.06.2016, and thereafter, sold the same after laying house plots. While alienating the property in favour of subsequent purchasers, the petitioner has undertaken to construct a compound wall on the eastern side of the said property on his expenses. As such, he purchased the remaining extent of Ac.0.02.651 cents in Sy.No.606/1B from the original owner Smt.Shanthamma through registered sale deed dated 29.07.2022.

3. It is the case of the petitioner that even prior to giving the land to the petitioner for developing as house plots, the owner of the said property i.e., Shanthamma has applied for conversion of the agricultural land into non- agricultural land and the Revenue Divisional Officer, Kadapa Revenue Division, issued land conversion proceedings dated 24.08.2018. As the purchasers have insisted the petitioner to construct a compound wall, the petitioner started construction of the said wall on the eastern side of the property i.e., Ac.0.66 cents in Sy.No.606/1B. While so, the 5^th respondent has issued notice on 07.01.2025 calling upon the petitioner and others to attend the survey schedule to be held on 25.01.2025 so far as the land in Sy.Nos.603, 604, 605, 610 and 611 of Ukkayapalli Village, which is no way concerned with the petitioner’s property. Further, the subordinates of respondent No.3 visited the subject land and obstructed to construct the said compound wall, stating that a 40 feet road is required to be laid there.

4. Heard learned counsel for the petitioner and the learned counsel appearing for the respondents.

5. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.3 furnished a copy of instructions of the City Planner, Kadapa Mun