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Shaik Shahina v. State of Andhra Pradesh

Andhra Pradesh HC23 Sept 2025WP/1467/2023

Case brief

AI extract

What is this about?

Nellore Municipal Corporation demolition challenge; Roc.No.544/2022/G2 dt.17.01.2023; Deputy City Planner; W.P. No. 1467 of 2023; APHC010030892023; Sri Justice Harinath.N; writ of mandamus under Article 226; Article 14; Article 300-A; A.P. Municipal Corporation Act, 1955; Section 151 CPC interim application (IA No. 1 of 2023); representation dated 12.12.2022; due process of law; no further demolition action pending consideration of representation; writ petition closed; no order as to costs.

What did the court decide?

No further action shall be initiated by the respondents against the petitioners pending consideration of their representation dated 12.12.2022; respondents to examine the representation and follow due process in accordance with law; writ petition closed with no order as to costs; miscellaneous petitions, if any, stand closed.

Shaik Shahina Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the respondents in passing orders Roc.No.544/2022/G2 dated 17.01.2023 and attempting to demolish the petitioners' houses (Door Nos. 20-8-56 and 20-8-56/1) at Nellore City was illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution, against the principles of natural justice and in contravention of the A.P. Municipal Corporation Act, 1955.

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Court's answer

Taking into consideration the petitioners' representation dated 12.12.2022, no further action shall be initiated by the respondents against the petitioners till then; the respondent authorities are to examine the representation and follow due process in accordance with law.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Sri Justice Harinath.N), order dated 24.09.2025 in W.P. No. 1467 of 2023 (APHC010030892023): Petitioners Shaik Shahina and Shaik Shahadunnisa challenged, under Article 226 of the Constitution, proceedings Roc.No.544/2022/G2 dated 17.01.2023 issued by the Deputy City Planner (4th respondent), Nellore Municipal Corporation, and the attempted demolition of their houses at Kota Mitta, Nellore City, alleging the action to be illegal, arbitrary, violative of Articles 14 and 300-A of the Constitution, against the principles of natural justice and in contravention of the A.P. Municipal Corporation Act, 1955. On an earlier occasion this Court had directed the respondents to follow the due process of law; notices were thereafter issued and the petitioners submitted a representation dated 12.12.2022. Recording the learned Standing Counsel's written instructions that the authorities will examine the representation and follow due process in accordance with law, the Court directed that no further action shall be initiated against the petitioners till then, closed the writ petition with no order as to costs, and ordered that pending miscellaneous petitions stand closed. Merits were not adjudicated.

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APHC010030892023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3457]

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WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 1467/2023

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Between:

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SHAIK SHAHINA, W/O. SHAIK HAMEED, AGED ABOUT 35 YEARS, R/O.D.NO.20-8-56, MECLENCE ROAD, KOTA MITTA, NELLORE CITY, SPSR NELLORE DISTRICT.

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SHAIK SHAHADUNNISA, W/O. SHAIK SANDANI, AGED ABOUT 34 YEARS, R/O. D.NO.20-8-56-1, MECLENCE ROAD, KOTA MITTA, NELLORE CITY, SPSR NELLORE DISTRICT.

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...PETITIONER(S)

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AND

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STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.

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THE COMMISSIONER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT.

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THE CITY PLANNER, (TOWN PLANNING OFFICER), NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT.

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THE DEPUTY CITY PLANNER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT

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HN, J W.P.No.1467_2023

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...RESPONDENT(S):

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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 tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in passing orders Roc.No.544/2022/G2, dt.17.01.2023 and trying to demolish the petitioners houses bearing Door Nos. 20-856 and 20-8-56/1 as illegal, arbitrary, violation of Article 14 and 300-A of Constitution of India, against the principles of Natural Justice and also in contravention of provisions of A.P. Municipal Corporation Act, 1955 and consequently direct the respondents not to demolish the petitioners houses bearing Door No. 20-8-56 and 20-8- 56/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City, SPSR Nellore District by setting aside the orders of the 4th respondent Roc.No.544/2022/G2, dt.17.01.2023 and pass such

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IA NO: 1 OF 2023

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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 may be pleased to direct the respondents not to demolish the petitioners houses bearing Door No. 20-8-56 and 20-8-56/1 respectively in an extent of 20 ankanams, situated at Meclances Road, Kota Mitta, Nellore City by suspending the orders of the 4th respondent Roc.No.544/2022/G2, dt.17.01.2023 and pass such

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Counsel for the Petitioner(S):

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1.C SUBODH

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Counsel for the Respondent(S):

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1.GP FOR MUNCIPAL ADMN URBAN DEV

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2.KALAVA SURESH KUMAR REDDY ( SC FOR MC RAYAL REGION, NELLORE)

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HN, J

W.P.No.1467_2023

THE HON’BLE SRI JUSTICE HARINATH.N

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WRIT PETITION No.1467 OF 2023

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ORDER:

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The petitioners are aggrieved by the action of the respondents in issuing the impugned proceedings dated 17.01.2023 and attempting to demolish the petitioner’s house.

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This Court directed the respondents to follow the due process of law. It is submitted that thereafter the respondent authorities issued notices, to which the petitioners have submitted a representation.

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The learned Standing counsel appearing for the respondent corporation placed written instructions on record and submits that the respondents authorities will examine the petitioners representation and follow due process in accordance with law.

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Taking into consideration the representation dated 12.12.2022 submitted by the petitioners, no further action shall be initiated by the respondents against the petitioners till then.

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