Andhra Pradesh High Court

WP/33491/2016 of M.Yadhagiri, Vs The State of Andhra Pradesh on 21 July 2026

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010487302016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:

HN, J

W.P.No.33491_2016

Date of reserved for orders :

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APHC010487302016

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE 22nd DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 33491/2016

Between:

1. M.YADHAGIRI,, S/O M. SRIRAM MURTHY, AGED ABOU 47 YEARS, OCC:

BUSINESS,

R/

O

PRASADAMPADU

VILLAGE,

GRAMAPANCHAYAT, VIJAYAWADA RURAL MANDAL, KRISHNA

DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

PRINCIPLE SECRETARY, MUNICIPAL ADMINISTRATION AND

URBAN

DEVELOPMENT

DEPARTMENT,

ANDHRAPRADESH

SECRETARIAT, HYDERABAD.

2. THE

CAPITAL

REGION

DEVELOPMENT

AUTHORITY,

REPRESENTED BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA

DISTRICT.

3. THE GRAMPANCHAYAT, ENIKAPADU VILLAGE, VIJAYAWADA

RURAL MANDAL, KRISHNA DISTRICT. REPRESENTED BY ITS

SECRETARY.

...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 toto issue an appropriate Writ, order or direction, more particularly

HN, J

W.P.No.33491_2016

one in the nature of Writ of Mandamus, declaring the action of the Respondents and their officials in trying to demolish the Petitioner's building admeasuring in an extent of 133 Sy. Yds in R.S. No. 212/3A at Enikapadu Village, Vijayawada Rural, Krishna District as being illegal, arbitrary, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently to direct the respondents not to demolish the petitioner's building and pass IA NO: 1 OF 2016(WPMP 41367 OF 2016

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 to direct the Respondents not to demolish the Petitioner's building adrneasuring in an extent of 133 Sy. Yds in R.S. No. 212/3A at Enikapadu Village, Vijayawada Rural, Krishna District, pending disposal of the above Writ Petition and pass IA NO: 1 OF 2017(WVMP 1688 OF 2017

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 to vacate the interim orders passed in WPMP.No. 41367 of 2016 in WP.No.

33491 of 2016 dt. 28.09.2016 and pass

Counsel for the Petitioner:

1. P SHASHI KIRAN

Counsel for the Respondent(S):

1. A S C BOSE

2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)

3. ELEVATED AS JUDGE

HN, J

W.P.No.33491_2016

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ORDER:

1. The present writ petition is filed by the petitioner being aggrieved by the action of the respondents and their officials in trying to demolish the petitioner’s building situated in R.S.No.212/3A at Yenikepadu Village, Vijayawada Rural, Krishna District.

2. The petitioner claims title and ownership over the said property and obtained construction permission for constructing a residential dwelling unit. The petitioner is now aggrieved by the threatened action of the respondents to demolish the petitioner’s property. It is submitted that the respondents are bound to follow the due procedure contemplated under Sections 114 and 115 of the Andhra Pradesh Capital Region Development Authority (APCRDA) Act, 2014. It is further submitted that any action taken by the respondents without following the said statutory provisions would be illegal and arbitrary.

3. This Court, vide order dated 28.09.2016, granted an interim direction as prayed for.

4. Today, when the matter is taken up for hearing, the learned Standing counsel appearing for respondent No.2 submits that the respondents shall follow the due process of law as contemplated under the APCRDA Act, 2014, in the event any further action is required to be taken against the petitioner’s property by the respondents.

HN, J W.P.No.33491_2016

5. Recording the same, the present writ petition is disposed off, leaving it open for respondent No.2 to proceed against the petitioner’s property only by following the due process of law as contemplated under the APCRDA Act, 2014. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N Date:22.07.2026 NKA

Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No

HN, J

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 33491 of 2016 Date: 22.07.2026

NKA

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