WP/23459/2026 of DARLA PRASANNA KUMAR Vs THE JAGGAIAHPET MUNICIPALITY on 16 August 2026

1. DARLA PRASANNA KUMAR, S/O.LATE DARLA DASU, OCC PRIVATE EMPLOYEE AGED ABOUT 42 YEARS, R/O.H.NO.6-1178, AMBEDKAR NAGAR, JAGGAIAHPET, NTR DISTRICT

...PETITIONER AND

1. THE JAGGAIAHPET MUNICIPALITY, JAGGAIAHPET, NTR DISTRICT REP BY ITS COMMISSIONER. 521175

2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,

MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 522238

...RESPONDENT(S): 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 toissue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondent No.l in issuing the Impugned Encroachment Notice No.05/2026/TP-1, dated 15-07-2026 to the Petitioner directing to remove the house building bearing H.No.6-1199, Yerra Kaluva Katta, Kodada Road, Jaggaiahipet, NTR District within 30 days without issuing show cause notice and without following due process of law as arbitrary, illegal and beyond jurisdiction and in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the Impugned Encroachment Notice No.05/2026/TP-1, dated 15-07-2026 issued by the 1St Respondent in the interest of justice.

IA NO: 1 OF 2026 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 grant stay of all further proceedings in pursuant to the Impugned Encroachment Notice No.05/2026/TP-1, dated 15-07-2026 issued by the 1st Respondent pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner:

1. P NAGENDRA REDDY Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

2. The Court made the following Order:

Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned encroachment notice dated 15.07.2026. It is submitted that the 1st respondent has issued the impugned notice by treating the petitioner as an encroacher without issuing any show-cause notice. It is further submitted that the 1st respondent had earlier issued similar proceedings in the name of the petitioner’s father, who was no more by then. This Court disposed of the Writ Petition by directing the respondents to issue a fresh notice to the petitioner.

2. The learned Standing Counsel appearing for the 1st respondent submits that there were some encroachments on the canal bund and this Court had directed removal of the encroachments in accordance with law. As such, notices were issued.

3. Considering the submissions made by the learned counsel, the Writ Petition is disposed of by making it clear to the petitioner to submit the documents as available by treating the impugned notice as a show-cause notice and the 1st respondent to consider the explanation and documents submitted by the petitioner and thereafter take appropriate steps by passing appropriate orders in accordance with law.

4. With these observations, the Writ Petition stands disposed of. Needless to mention, the 1st respondent shall pass appropriate orders after considering the reply of the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ______________ HARINATH.N,J 17.08.2026 RJS

HON’BLE SRI JUSTICE HARINATH.N

WRIT PETITION No:23459 of 2026

Dt: 17.08.2026

RJS