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Judgment
Heard Sri Gajjala Mallikarjuna Reddy, learned counsel for the petitioners, learned Assistant Government Pleader for Municipal Administration and Urban Development and Sri Gudapati Lakshmi Narayana, learned Standing Counsel for the respondents/Municipality.
Being aggrieved by the proceedings of the respondents Municipality issued under Sections 189, 191, 192, 360 and 361 of the Andhra Pradesh Municipal Act, 1965, dated 28-09-2026, the instant Writ Petition is filed.
The petitioners contend that they are the absolute owners of the house property situated in Sy.No.713, bearing House No. 1-63/10A, Pathuru, Revenue Ward No. 1, Kanigiri Town and Mandal, Markapur District. The respondents, referring to the orders passed by this Court in W.P.No.26940 of 2026, have issued the impugned proceedings alleging that the petitioners are in unauthorised occupation of Sy.No.493/B and have thus constructed a house by encroaching on the road margin.
Learned counsel for the petitioners contend that they are not concerned with Sy.No.493/B, and that the house property is situated in Sy.No.713. However, the respondents, by citing different Survey numbers, are threatening to demolish the structure.
Sri Gudapati Lakshmi Narayana, learned Standing Counsel for the respondents/Municipality has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that pursuant to the directions of this Court, the petitioners were asked to submit their documents in support of their title. The petitioner did not submit any documents. Thereafter, the impugned notice was issued to prevent encroachment. It is further contended that the Sy.No.713 is recorded in the revenue records as ‘Patta’ land and Sy.No.493/B an extent of Ac.2.94 cents is recorded in the revenue records as ‘Donka Poramboke’. As per the survey conducted by the survey authorities the petitioners’ occupation is in Sy.No.493/B which is recorded as ‘Donka Poramboke’. The petitioners cannot claim any lawful right over the said survey number. Therefore the impugned proceedings are in accordance with law. It is further contended that this Court earlier directed, if the petitioners possession is unauthorized, the respondents are at liberty to pass appropriate orders and the respondents were directed to issue appropriate notice before passing any orders against the petitioners. In the light of the said order, the respondents have issued the impugned proceedings.
Considered the submissions. A perusal of the impugned proceedings, it reflects that the petitioners has encroached Sy.No.493/B where as the contention of the petitioner is that they are in occupation of Sy.No.713 not in Sy.No493/B.
Having regard to the rival contentions, this Court deems it appropriate to dispose of the Writ Petition directing the respondents/Corporation to conduct a survey afresh with the assistance of the Mandal Surveyor in the presence of the petitioners and pass appropriate orders in accordance with law, after hearing the petitioners, within a period of four (04) weeks from the date of receipt of this order.
The respondents shall inform the petitioners of the survey date at least a week in advance. Needless to observe that the petitioners shall also cooperate with the Survey team and submit all documents as required by the respondents. The petitioners are also at liberty to file any objections to the notice, if any, issued pursuant to the survey report. The respondents shall pass appropriate orders in accordance with law only after receiving the survey report and after affording opportunity to the petitioner. Till such time, the respondents are directed not to take any coercive measures pursuant to the impugned notice dated 28-09-2026.
With the above observation, the Writ Petitions are disposed of. There shall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.