WP/18370/2026 of N Ananda Kishore, Vs The State of Andhra Pradesh, on 6 July 2026

1. N ANANDA KISHORE,, S/O. KOTESWARA RAO, AGE 65 YEARS, OCC. CULTIVATION, RIO. D.NO. 9-35-7518A, WEAVERS COLONY, 15TH WARD, REPALLE TOWN AND MANDAL, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265

...PETITIONER AND

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

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238.

2. THE REPALLE MUNICIPALITY, REP.BY ITS COMMISSIONER, REPALLE TOWN, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265.

...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, One in the nature of a Writ of Mandamus under Article 226 of Constitution of India declaring the action of the 2nd respondent in issuing confirmation Notice vide U.C No.04/2025/WPRS-8 dated 03.07.2025 under Section 217 (3) and 228 (3) of Andhra Pradesh Municipalities Act, 1956 and Section 86 and 89(3) of Andhra Pradesh

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 Metropolitan Region and Urban Development Authority Act, 2016 by directing the petitioner to remove the deviation of the building near to D.No.9-35-75/8 in Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area, 15th ward, Repalle Municipality, Bapatla District as illegal, arbitrary, violation of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1956 and consequently direct the respondents not to demolish the petitioners building pending application under the BPS Scheme vide G.O.MS No. 225 dated 12.11.2025 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 direct the 2nd respondent not to demolish the petitioners situated building near to D.No.9-35-75/8 in Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area, 15th ward, Repalle Municipality and Mandal, Bapatla District by suspending the confirmation notice vide U.C No.04/2025/WPRS-8 dated 03.07.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. KALE VIJAYA RAJU Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 APHC010345382026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 18371/2026 Between:

1. N GOMATHI DEVI, W/O. N ANANDA KISHORE, AGE 60 YEARS, OCC HOUSE WIFE, R/O. D.NO. 9-35-75/8C, WEAVERS COLONY, 15TH WARD, REPALLE TOWN AND MANDAL, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265

...PETITIONER AND

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

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238.

2. THE REPALLE MUNICIPALITY, REP.BY ITS COMMISSIONER, REPALLE TOWN, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265

...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, One in the nature of a Writ of Mandamus under Article 226 of Constitution of India declaring the action of the 2ND respondent in issuing confirmation Notice vide U.C No.03/2025/WPRS-8 dated 03.07.2025 under Section 217 (3) 228 (3) of Andhra Pradesh Municipalities Act, 1956 and Section 86 89(3) of Andhra Pradesh Metropolitan Region and Urban Development Authority Act, 2016 by directing the petitioner to remove the deviation of the building near to D.No.9-35-75/8 in Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area,

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 15THward, Repalle Municipality, Bapatia District as illegal, arbitrary, violation of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1956 and consequently direct the respondents not to demolish the petitioners building pending application under the BPS Scheme vide G.O.MS No. 225 dated 12.11.2025 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 direct the 2NDrespondent not to demolish the petitioners situated building near to D.No.9-35-75/8 in Sy.No.90/1, I situated at Isukapalli Village, Weavers Colony area, 15*^ ward, Repalle Municipality and Mandal, Bapatia District by suspending the bonfirmation notice vide U.C No.03/2025/WPRS-8 dated 03.07.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. KALE VIJAYA RAJU Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 APHC010345392026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18374/2026 Between:

1. K.RAMAKRISHNARAO, S/O. NANCHARAIAH, AGE 56 YEARS, OCC CULTIVATION, R/O. D.NO. 9-35-75/8B, WEAVERS COLONY, 15TH WARD, REPALLE TOWN AND MANDAL, BAPATIA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265.

...PETITIONER AND

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

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238.

2. THE REPALLE MUNICIPALITY, REP.BY ITS COMMISSIONER, REPALLE TOWN, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265

...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, One in the nature of a Writ of Mandamus under Article 226 of Constitution of India declaring the action of the 2ND respondent in issuing confirmation Notice vide U.C No.02/2025A/VPRS-8 dated 03.07.2025 under Section 217 (3) AND 228 (3) of Andhra Pradesh Municipalities Act, 1956 and Section 86 AND 89(3) of Andhra Pradesh Metropolitan Region and Urban Development Authority Act, 2016 by directing the petitioner to remove the deviation of the building near to D.No.9-35-75/8 in Sy.No.90/1 situated at Isukapalli Village, Weavers Colony area, 15TH

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 ward, Repalle Municipality, Bapatia District as illegal, arbitrary, violation of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1956 and consequently direct the respondents not to demolish the petitioner's building pending application under the BPS Scheme vide G.O.MS No. 225 dated 12.11.2025 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 direct the 2ND respondent not to demolish the petitioners situated building near to D.No.9-35-75/8 in Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area, 15TH ward, Repalle Municipality and Mandal, Bapatia District by suspending the confirmation notice vide U.C No.02/2025A/VPRS-8 dated 03.07.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. KALE VIJAYA RAJU Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 APHC010345412026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18379/2026 Between:

1. K.GOWTHAMI, D/O. K RAMA KRISHNARAO, AGE 32 YEARS, OCC CULTIVATION, R/O. D.NO. 9-35-7518D, WEAVERS COLONY, 15TH WARD, REPALLE TOWN AND MANDAL, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265.

...PETITIONER AND

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

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

SECRETARIATE BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH-522238.

2. THE REPALLE MUNICIPALITY, REP.BY ITS COMMISSIONER, REPALLE TOWN, BAPATLA DISTRICT, ERSTWHILE GUNTUR DISTRICT -522265.

...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, One in the nature of a Writ of Mandamus under Article 226 of Constitution of India declaring the action of the 2nd respondent in issuing confirmation Notice vide U.C No.01/2025/WPRS-8 dated 03.07.2025 under Section 217 (3) and 228 (3) of Andhra Pradesh Municipalities Act, 1956 and Section 86 and 89(3) of Andhra Pradesh Metropolitan Region and Urban Development Authority Act, 2016 by directing the petitioner to remove the deviation of the building near to D.No.9-35-75/8 in , Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area, 15th

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 ward, Repalle Municipality, Bapatla District as illegal, arbitrary, violation of Principles of Natural Justice and contrary to the provisions of the Andhra Pradesh Municipalities Act, 1956 and consequently direct the respondents not to demolish the petitioners building pending application under the BPS Scheme vide G.O.MS No. 225 dated 12.11.2025 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 direct the 2nd respondent not to demolish the petitioners situated building near to D.No.9-35-75/8 in Sy.No.90/1, situated at Isukapalli Village, Weavers Colony area, 15th ward, Repalle Municipality and Mandal, Bapatla District by suspending the conifrmation notice vide U.C No.01/2025/WPRS-8 dated 03.07.2025, pending disposal of the main writ petition and pass Counsel for the Petitioner:

1. KALE VIJAYA RAJU Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026

COMMON ORDER:

1. The petitioners are aggrieved by the confirmation order dated 03.07.2025. It is submitted that the confirmation proceedings refer to a show-cause notice dated 23.06.2026. It is also submitted that the petitioners were not served a copy of the show-cause notice for submitting their reply. The show-cause notice refers to the alleged encroachment on the road margin and construction without issuing any setbacks. It is also submitted that the petitioners were denied an opportunity to submit a response to the show- cause notice and also that the confirmation order does not refer to the petitioners’ response or non-response to the show-cause notice.

2. Ms. V. Sirisha Rani, learned Standing counsel for respondent No.2, on receipt of written instructions, submits that the petitioners obtained permission for construction of dwelling units after executing gift deeds for the purpose of widening the road. It is submitted that the petitioners, after obtaining permission, constructed on the portion of the land which was gifted for road-widening purposes. It is also submitted that the existing road is about 20 feet and that the 2nd respondent intended to widen the road by 40 feet as per the Master Plan. Having found the petitioners encroaching on the gifted portion of the land, which belongs to the Municipality, the show-cause notice was issued and the confirmation order was passed. However, it is submitted by the learned counsel for the petitioners that the show-cause notice was not served on the petitioners and the confirmation order was passed on 03.07.2025, and that the

HN, J W.P.Nos.18370, 18371, 18374, 18379_2026 respondent authorities also kept quiet for more than a year before approaching the petitioners. Therefore, an opportunity would have to be given to the petitioners to submit their response.

3. On these considerations, the impugned proceedings are hereby set aside, leaving it open for respondent No.2 to issue a fresh show-cause notice to the petitioners. The petitioners shall submit their response within a period of fifteen days from the date of receipt of the said show-cause notice, and the respondents thereafter pass appropriate orders after verifying the explanation submitted by the petitioners to the show-cause notice.

4. With these observations, the present writ petitions are disposed off. No costs. Pending miscellaneous petitions, if any, shall stand closed.

___________________ JUSTICE HARINATH.N Date:07.07.2026

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 NOs: 18370, 18371, 18374 and 18379 of 2026 Date: 07.07.2026

NKA