lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE TWENTY FIRST DAY OF JULY T^/O THOUSAND AND ll^/ENTY THREE :PRESENT: THE HONOURABLE DR JUSTICE K IVIANIVIADHA RAO WRIT PETITION NO: 18110 OF 2023

Betwee n :

\ \

• 1. K Gopal, S/o.K.Hanumanthaiah,Aged about 78 Years, RJo.17768, Thilak Nagar GuntakaI, Ananthapur, Andhra Pradesh-515801
• 2. Kanduri Sreenivasulu, S/a.K._Gopal Aged about 51 Years, R/o.17IT68, Thilak Nagar Guntakal, Ananthapur, Andhra Pradesh-515801

...Petitioners

AND

• 1. The State ofAndhra Pradesh, Rep. By its Principal Secretary, Municipal Administration and Urbah Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District ;
• 2. Guntakal Municipality, Guntakal, rep. By its Commissioner, Ananthapur District, A.P.
• 3. The Commissioner, Guntakal Municipality, GuntakaI, Ananthapur District, A.P
• 4. The Town Surveyor, i/c.Mandal Surveyor, Guntakal, Ananthapur District, A.P

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit,filed ther'ewith, the High Court may be pleased tcLPaSS an Order Or Orders Or direction more Particularly One in the nature Of a Writ Of mandamus declaring that the jrTIPdghed Order Passed by the 3rd Respondent herein vide Roe.No.1203/2022/Gl dated;12.07.2023 by taking measurement reference from Muslim Burial Ground in measuring the petitioner's building and thereby holding that the Petitioner's building had encroached into the road and further holding that the reply dt 14.06.2023 submitted'.~,by .the Petitioner herein is rejected and the consequent action Of the Re§pendents in contemplating to take steps for demolishing the petitioners fron't ahd back side portion premises of an extent of 38 Sq. Yards situated at Door"No.16/74, S.No.114, Main Road, GuntakaI, Ananthapuram District, A.P by demarcating the same, without considering the Petitioner's reply dt.14.06.2023 in toto, without taking measurements from the Petitioner's backside wall, without following the due process of law, without according any opportunity to the Petitioner herein, as arbitrary, illegal, contrary to the The Andhra Pradesh Regulation and Penalization of Unauthorizedly constructed buildings and buildings constructed in deviation of sanctioned plan Rules, 2007 issued vide Ordinance No.15 of 2007 dt.15.12.2007, G.OMs.No.901 dt.31.12.2007 by the lst Respondent and the 'l-.subsequent amendments issued by the lst Respondent, violative of principles'SF'Of Natural Justice, besides being violative of petitioner's rights guaranteed under-w'Art.14,19(1)(g) and 300A of the Constitution of India and consequently set-aside_-thel`same

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IA NO: 1 OF 2023

Petition under Section 151 of CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 not to take any coercive measures including that of demolition /dispossession of premises situated at Door No.16/74. S.No.114. Main Road, Guntakal, Ananthapuram District, A.P belonging to petitioners, Pending disposal of WP 18110 of 2023, on the file of the High Court.

$\mathbf{g}{\mathcal{D}}\in\mathcal{E}$ $\mathcal{M}^{(1)}{\mathcal{M}}(x)$ $\mathcal{L} \to \mathcal{L}$ $\frac{1}{\sqrt{2}}\frac{\partial^2 \phi}{\partial \phi^2} = \frac{1}{\sqrt{2}}\frac{\partial^2 \phi}{\partial \phi^2}$

The Petition Coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and made herein and upon hearing the arguments of SRI CHALLA GUNARANJAN Advocate for the Petitioners, GP FOR MUNCIPAL ADMN URBAN DEV for the Respondent Nos.1 & 4, SRI N.RANGA REDDY. Standing Counsel for the Respondent Nos.2& 3 and the Court made the following

ORDER:

Mr.Challa Gunaranian, learned counsel for the petitioners.

$\mathcal{L} = \mathcal{L} \cup \mathcal{L}$

$\mathcal{H}_{\mathcal{A}}(t_1,t_2)$

$\mathcal{L}{\mathcal{L}}\in \mathcal{H}{\mathcal{L}}\left(\mathcal{L}_{\mathcal{L}}\right)$

$\mathcal{L} \subset \mathbb{R}^{n-1}$ d av

Learned Government Pleader for MA & UD takes notice for the 示我是是 Respondents 1 and 4.

Mr.Ranga Reddy, learned Standing Counsel takes notice for the Respondents 2 and 3. $\mathbb{R}^n \to \mathbb{R}^n$

Learned counsel for the petitioners submits that, petitioners had not deviated from the original building plan obtained by the petitioner's vendors from the respondent authorities and the 3^rd respondent herein had issued the impugned notice dated. 12.07.2023 without comparing the same with the $4^th$ respondent's survey report and the town surveyor report, and by taking fictitious measurements holding that the entire building has been encroached after completion of these many years and also without according any opportunity to the petitioner herein for submitting their objections on the survey report and also without according any opportunity to the petitioners herein to revert on the reference taken by the 4^th respondent for such $\mathcal{L} = { \mathcal{L} \in \mathcal{L} } \times \mathcal{L}$ measurement.

Learned counsel for the petitioners further submits that, the action of the respondents to demolish the building without considering the building plan of the petitioner herein and comparing the same with the survey report dt.05.05.2023, judgment and decree passed in the O.S No.70 of 1966 on the file of Court of District Munsiff of Gooty and the petitioners reply dated 14.06.2023 in toto and without accordingly any opportunity to the petitioners to prove the actual measurements on ground is unlawful and violates the petitioners rights quaranteed under Article 14, 21 and Article 300 A of the Constitution of India.

In view of the submissions made by both the learned counsels, the Respondent Nos.2 and 3 are directed not to demolish the subject property bearing Door No.16/74, Sy.No.114, Main road, Guntakal, Ananthapuram $\mathcal{L} \in \mathcal{L}$ District. $\mathcal{L} \leftarrow \mathcal{L}$

$\mathcal{A}^{\mathcal{A}}$

$\mathcal{J}{\mathcal{S}}(\mathcal{M}{\mathcal{S}})$

Learned counsel for the respondents are directed to file counters.

Further, learned counsel for the petitioners is also directed to file original building plan record, for adjudication of the matter.

Post on 11.08.2023.

Sd/-A.VENUGOPAL RAO ASSISTANT REGISTRAR For ASSISTANT REGISTRAR

To,

1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District

//TRUE COPY//

• 2. The Commissioner, Guntakal Municipality, Guntakal, Ananthapur District, $A.P.$ $\mathcal{L}^{\text{max}}$
• 3. The Commissioner, Guntakal Municipality, Guntakal, Ananthapur District, A.P.
• 4. The Town Surveyor, i/c.Mandal Surveyor, Guntakal, Ananthapur District, A.P. (Addressees 1 to 4 by RPAD)
• 5. One CC to SRI. CHALLA GUNARANJAN Advocate [OPUC]

$\mathcal{A}^{\mathcal{A}}(\mathcal{A})\cong \mathcal{A}^{\mathcal{A}}(\mathcal{A})$

6. One CC to SRI N.RANGA REDDY, Standing Counsel [OPUC]

$\mathcal{F}^{\text{max}}_{\mathcal{A}}$

$\mathcal{L}^{\mathcal{M}}{\mathcal{M}}$ 医病毒症 $\mathbb{E}[\mathcal{S}^{\mathcal{A}}{\mathcal{A}}(\mathcal{S}^{\mathcal{A}}{\mathcal{A}})]$ an Katal $\mathcal{A} \in \mathbb{R}^{|\mathcal{H}|}$ $\mathcal{L}{\mathcal{L}}$ $\frac{1}{\sqrt{2}}$ $\left(\begin{array}{cc} \cdot & \cdot & \cdot \ \cdot & \cdot & \cdot \end{array}\right){\mathcal{A}{\text{max}}}\left(\begin{array}{cc} \cdot & \cdot & \cdot \ \cdot & \cdot & \cdot \end{array}\right)$ $\frac{2}{4} \leq \frac{2\pi}{3}$

• 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV, High Court of Andhra Pradesh. $[OUT]$
• 8. One spare copy

PSR

HIGH COURT

$\mathcal{L}{\mathcal{A},\mathcal{A}}$ ${p{i+1}}$

$\mathcal{S}^{\mathcal{W}}_{\mathcal{W}}$

$\mathbb{C}^{\mathbb{C}}$

$\mathcal{A} = \mathcal{A}$ $\mathbb{R}^n$ $\frac{1}{2}$ $\cdots \cdot \cdot$

$\Gamma_{\alpha\beta\gamma\gamma\gamma\gamma}$ $\mathbb{T}(\mathfrak{g}(\mathfrak{h}))\subseteq \mathbb{C}$ $\frac{1}{2}$

$\mathcal{L}$

$\tilde{\mathbb{C}}^*$

DR.KMR,J

DATED:21/07/2023

NOTE: POST ON 11.08.2023.

ORDER

WP.No.18110 of 2023

INTERIM DIRECTION