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CDJ 2025 APHC 1748 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 33342 of 2025
Judges: THE HONOURABLE MR. JUSTICE N. HARINATH
Parties : T. Manjula Versus The State Of Andhra Pradesh, Represented By Its Principal Secretary Municipal Administration And Urban Development Authority, Secretariat Buildings At Velagapudi, Guntur District, Andhra Pradesh & Others
Appearing Advocates : For the Petitioner: V. Sai Kumar, Advocate. For the Respondents: GP Muncipal Admn And Urban Dev AP.
Date of Judgment : 28-11-2025
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the respondent No. 2 in interfering with the construction activity of the petitioner in an extent of Ac. 0.1 V2 cent in Plot No. 19, in Indiramma Layout in Patta No. CTR02092054 in House No. 7-3-27/2 of Karakantapuram Village, Therani Revenue of Nagari Mandal, Chittoor District, Andhra Pradesh in-spite of making application for grant of permission along - with construction plan on 15.07.2024 as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India consequentially direct the 2nd respondent not to interfere with the construction activity of the petitioner in an extent of Ac. 0.1 cent in Plot No. 19, in Indiramma Layout in Patta No. CTR02092054 in House No. 7-3-27/2 of Karakantapuram Village, Therani Revenue of Nagari Mandal, Chittoor District, Andhra Pradesh and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2nd respondent not to interfere with the construction activity of the petitioner in an extent of Ac. 0.1 V.t cent in Plot No. 19, in Indiramma Layout in Patta No. CTR02092054 in House No. 7-3-27/2 of Karakantapuram Village, Therani Revenue of Nagari Mandal, Chittoor District, Andhra Pradesh pending disposal of the above writ petition and to pass)

1. The petitioner is aggrieved by the action of the respondent authorities in interfering with the construction activity of the petitioner. The petitioner was allotted a house-site patta on 27.12.2020 vide Patta No.CTR02092054.

2. The learned counsel for the petitioner submits that the petitioner was also assessed for property tax and has been paying the applicable property tax to the 2nd respondent. The petitioner was granted the house- site patta under the “Lands for the Landless Poor Scheme” by the State.

3. The petitioner had started construction over the said property and notified the 2nd respondent of the intention to construct by sending an application through registered post on 15.07.2024. It is submitted that the 2nd respondent has been sending their men and threatening to demolish the existing structure as well as the proposed construction.

4. Sri Gudapati Lakshmi Narayana, the learned Standing counsel appearing for the 2nd respondent, submits that the 3rd respondent has conducted a survey and submitted a report to the 2nd respondent, duly informing that the petitioner is in possession of the property which was allotted to her. However, there appears to be some confusion with regard to Plot No.19. As per the existing layout, Plot No.19 is bounded with a road, and on the other side of Plot No.19 there is one road abutting it.

5. The survey report indicates that the patta certificate is genuine.

                  However, from the record, it appears that there is some confusion with regard to the exact location of the said property. The patta certificate shows road as boundary on two sides of the petitioner’s plot.

6. The learned counsel appearing for the petitioner has placed on record the photographs taken as on today and submits that the Plot is not encroaching onto the road; it is by the side of the road, and in terms of the patta certificate, there are two roads abutting the plot.

7. Considering the submissions, the present writ petition is disposed off with a direction to the respondents not to disturb the petitioner’s construction activity without following the due process of law. There shall be no order as to costs.

                  Pending miscellaneous petitions, if any, shall stand closed.

 
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