Andhra Pradesh High Court
WP/18748/2026 of Yadama Lakshmi Kanthamma, Vs The State of Andhra Pradesh, on 8 July 2026
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010351242026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:
HN, J
W.P.No.18748_2026
Date of reserved for orders :
Date of pronouncement :
Date of uploading :
APHC010351242026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE 9th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 18748/2026
Between:
1. YADAMA LAKSHMI KANTHAMMA,, W/O RAJESH, AGED ABOUT 53
YEARS, R/O DOOR NO. 26-2-7, BESIDE OLD CLOTH MARKET, NAGARAMPALEM, GUNTUR
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT
DEPARTMENT,
SECRETARIAT
BUILDINGS,
VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT - 522238.
2. THE
COMMISSIONER
AND
DIRECTOR
OF
MUNICIPAL
ADMINISTRATION, STATE OF ANDHRA PRADESH TADEPALLI, GUNTUR DISTRICT - 522502
3. THE
GUNTUR
MUNICIPAL
CORPORATION,
REP
BY
ITS
COMMISSIONER, GUNTUR - 522003
4. THE CITY PLANNER, GUNTUR MUNICIPAL CORPORATION, GUNTUR - 522003
...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 topleased to issue a writ or direction more particularly one in the
HN, J
W.P.No.18748_2026
nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing the impugned demolition notice vide Roc No.432437/2025/G4-41, dated 27-06-2026, purportedly under Sections 405 and 406 of the Andhra Pradesh Municipal Corporations Act, 1955, directing the petitioner to remove the alleged encroachment in respect of the petitioners RCC building bearing Door No.26-2-7, situated in T.S.No.344 (wrongly mentioned 249), Municipal Old Ward No. 17, New Ward No.23, Block No. 12, Beside Old Cloth Market Road, Nagarampalem, Guntur as illegal, arbitrary, without jurisdiction, contrary to the approved plan/BPS proceedings, contrary to the earlier endorsement dated 24-04-2017, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India, and consequently set aside the impugned demolition notice dated 27-06-2026 and direct the respondents not to interfere with or demolish the petitioners subject building without following due process of law and pass 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 pleased to suspend the operation of the impugned demolition notice vide Roc NO.432437/2025/G4-41, dated 27-06-2026, issued by the 4th Respondent pending disposal of the above writ petition, and pass Counsel for the Petitioner:
1. VENKATA DURGA RAO ANANTHA
Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
HN, J
W.P.No.18748_2026
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the action of respondent No.4 in issuing the impugned notice dated 27.06.2026. It is submitted that respondent No.4 refers to Survey No.249 and further states that the petitioner has occupied an extent of 88.59 square yards of the road margin. As such, the petitioner is called upon to remove the said encroachment within a period of seven days.
2. It is submitted that the petitioner acquired the subject property admeasuring 120.60 square yards, forming part and parcel of T.S.No.344, from her husband vide a registered gift deed dated 10.07.2014. It is submitted that the petitioner had initially constructed to a certain extent beyond the permitted plan and, as such, availed the scheme for regularizing the construction introduced by respondent No.3 on 15.10.2016. Respondent No.3 approved the application submitted by the petitioner for regularizing the unauthorized construction.
3. The learned counsel appearing for respondent Nos.3 and 4, on written instructions, submits that notices were issued in pursuance of the directions of the Hon’ble Division Bench of this Court in W.P.(PIL) No.111 of 2026, whereby the Hon’ble Division Bench of this Court directed the respondent authorities to remove the illegal encroachments within a time-
HN, J W.P.No.18748_2026 bound period. It is submitted that the notice issued to the petitioner is in pursuance of the directions of the Hon’ble Division Bench of this Court.
4. In reply, the learned counsel appearing for the petitioner further submits that the petitioner got a survey conducted through the competent surveyor and that the endorsement dated 24.04.2017 categorically holds that the petitioner is in possession of land admeasuring 120.60 square yards and has constructed over 91.6 square yards in T.S.No.344. As such, the impugned notice ought not to sustain the scrutiny of law and fact.
5. The impugned notice refers to Survey No.249, whereas the petitioner’s property is in T.S.No.344.
6. That apart, the impugned notice also refers to alleged encroachment to an extent of 88.59 square yards, which is contrary to the endorsement dated 24.04.2017.
7. On these considerations, the impugned proceedings are hereby set aside, leaving it open for respondent No.3 to issue notice after conducting a proper survey by referring to the petitioner’s title documents and demarcating the extent of encroachment, if any, found after conducting the survey. The petitioner shall be issued appropriate notice for removal of the encroachment, if any, found after conducting a fresh survey. Thereafter, respondent No.3 can precede further with the proposed action against the alleged encroachment, if any, found.
HN, J W.P.No.18748_2026
8. With these observations, the present writ petition stands disposed off. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:09.07.2026 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: 18748 of 2026 Date: 09.07.2026
NKA