As per case facts, the petitioner, having received a dilapidated building (over 100 years old) through a gift deed, sought its demolition due to it posing a danger to public ...
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
****
WRIT PETITION NO.32050 OF 2025
Between:
A.Praharsh Dhana Syam
… Petitioner(s)
Versus
The State of AP & Others
...Respondents
* * * * *
DATE OF ORDER PRONOUNCED : 13.08.2026
SUBMITTED FOR APPROVAL :
HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
1. Whether Reporters of Local Newspapers
may be allowed to see the Judgment/Order? Yes/No
2. Whether the copy of Order may be
marked to Law Reporters/Journals? Yes/No
3. Whether His Lordship wish to see the
fair copy of the Judgment/Order? Yes/No
JUSTICE K.SREENIVASA REDDY
SRK, J
W.P.No.32050 of 2025
2
* HONOURABLE SRI JUSTICE K.SREENIVASA REDDY
+ WRIT PETITION NO.32050 OF 2025
% 13.08.2026
# Between:
A.Praharsh Dhana Syam
… Petitioner(s)
Versus
The State of AP & Others
...Respondents
!
Counsel for the Petitioner(s) : M/S. Pathi Siva Prasad
^
Counsel for the Respondents
:
1. Government Pleader for
Panchayat Raj and Rural
Development
2. Government Pleader for Home
3. Government Pleader for
Revenue
4. Standing counsel for Gram
Panchayat
5. Sri Ghanta Sridhar
< Gist:
> Head Note:
? Cases referred:
1. Ashok Kumar Gupta v. State of U.P. [Neutral Citation No.-
2025:AHC:103497-DB of the Allahabad High Court].
2. Mukteshwar Mahadev Mukteshwari Durga Dharmarth Seva
Samiti and another v. State of U.P. and others [Writ – C
No.3256 of 2026 dated 20.02.2026].
This Court made the following:
SRK, J
W.P.No.32050 of 2025
3
Date on which Order/Judgment was
reserved
:
02.07.2026
Date on which Order/Judgment was
pronounced
:
13.08.2026
Date on which Order/Judgment was
uploaded on the website of the High
Court
:
13.08.2026
APHC010613772025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
[3327]
THURSDAY, THE 13
th
DAY OF AUGUST 2026
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 32050/2025
Between:
1. ANUMUKONDA PRAHARSH DHANA SYAM,, SON OF APPARAO,
AGED ABOUT 34 YEARS, RESIDING OF DOOR NO. 2/23 5, KAPULA
VEEDHI, KAIKALURU VILLAGE AND MANDAL, ELURU DISTRICT .
...PETITIONER
A N D
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE
SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT
DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI,
AMARAVATHI.
2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT,
ELURU.
3. THE SUPERINTEDENT OF POLICE, ELURU, WEST GODAVARI
DISTRICT.
4. THE KAIKALURU GRAMA PANCHAYAT, KAIKALURU, WEST
GODAVARI DISTRICT, REP. BY ITS PANCHAYAT SECRETARY.
5. THE DEPUTY EXECUTIVE ENGINEER, PRI S UB DIVISION,
MANDAVALLI, ELURU DISTRICT.
6. BUDDHA VENKATA RAMAIAH, SON OF MUSALAIAH, AGED
ABOUT 85 YEARS. RESIDENT OF DOOR NO. 11 -137,
NETHIKOTTU STREET, KAIKALURU GRAM PANCHAYAT AND
MANDAL, ELURU DISTRICT
7. BUDDHA SRINIVASA RAO, S/O. LATE BUDDHA M USALAIAH,
AGED ABOUT 63 YEARS, R/O. DOOR NO. 8 -52, KAIKALURU
VILLAGE AND MANDAL, KRISHNA DISTRICT, ANDHRA
PRADESH. R7 IMPLEADED AS PER COURTS ORDER DT.
17.06.2026 IN I.A.NO.1 OF 2026
...RESPONDENT(S):
SRK, J
W.P.No.32050 of 2025
4
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 to issue an appropriate Writ, Order or
direction more particularly one in the nature of Writ of Mandamus
declaring the inaction of the Respondents more particularly
respondent No. 4 and 5 in refusing to demolish the dilapidated
building which is more than 100 years old which is Assessment No.
2455 in door No. 11-137, NethiKottu Street, Kaikaluru Gram
Panchayat and Mandal, Eluru District, on a ground that there is
civil litigation was pending before the court of law by passing a
proceedings vide Lr. No /PRISD. Mandavalli 2025 dated
08.09.2025, which is highly illegal, arbitrary and violation of Article
14, 21 and 300A of the Constitution of India and consequently set
aside the rejection proceedings passed by the 5th respondent vide
Lr. No /PRISD. Mandavalli 2025 dated 08.09.2025 and pass such
IA NO: 1 OF 2025
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 to
demolish the delapidated subject building which is more than 100
years old vide Assessment No. 2455 in Door No. 11 -137,
NethiKottu Street, Kaikaluru Gram Panchayat and Mandal, Eluru
District by considering the representation of the petitioner and
villagers as well dated 21.07.2025 pending disposal of the above
writ petition and pass such
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 to implead me as 7th Respondent
in the main WP No. 32050 of 2025 and to pass
Counsel for the Petitioner:
1. PATHI SIVA PRASAD
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GHANTA SRIDHAR
The Court made the following:
SRK, J
W.P.No.32050 of 2025
5
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 32050 OF 2025
O R D E R
Heard Sri Pathi Siva Prasad, learned counsel for the Writ
Petitioner, learned Assistant Government Pleader for the
Panchayat Raj and Rural Development, learned Assistant
Government Pleader for Home, learned Assistant Government
Pleader for the Revenue, Sri Y.Koteswara Rao, learned Standing
Counsel for the Gram Panchayat, and Sri Ghanta Sridhar, learned
counsel for the respondent Nos.6 and 7.
2. This Writ Petition is filed seeking the following relief:
“….to issue an appropriate Writ, Order or
direction more particularly one in the nature of Writ
of Mandamus, declaring the inaction of the
respondents more particularly respondent Nos.4
and 5 in refusing to demolish the dilapidated
building which is more than 100 years old which is
Assessment No.2455 in Door No.11 -137,
Nethikottu Street, Kaikaluru Gram Panchayat and
Mandal, Eluru District, on a ground that there is a
civil litigation was pending before the Court of law
by passing a Proceedings vide Lr.No. /PRISD,
Mandavalli 2025 dated 08.09.2025, which is highly
illegal, arbitrary and violation of Articles 14, 21 and
300A of the Constitution of India, and
consequently, set-aside the rejection proceedings
passed by 5
th
respondent vide Lr. No. /PRISD,
Mandavalli 2025 dated 08.09.2025 and pass such
other order or orders …”
SRK, J
W.P.No.32050 of 2025
6
3. Contents of the affidavit filed by the petitioner, in brief,
are that vide Gift Deed Doc.No.7508 of 2024, parents of the
petitioner gifted him a building, bearing Assessment No.2455 and
Door No.11-137, Nethikottu Street, Kaikaluru Gram Panchayat and
Mandal, Eluru District. As the said building is of 100 years old and it
is in dilapidated condition, and it would be danger to the public as
well as the nearby residents, the villagers made a representation
on 21.07.2025 to the respondent authorities, seeking for its
demolition. Pursuant to the proceeding issued by the respondent
No.4, the respondent No.5 inspected the subject property and
rejected the same on the ground that there is a civil litigation
pending before the Court in respect of the subject property.
(b) That originally, the subject property belongs to one
Kantheti Ramaiah, his wife Seshamma, later, due to Partition
among the family members, the subject property fell to the share of
said Kantheti Ramaiah and he was in separate possession and
enjoyment till his demise, on 23.04.1978, and subsequent to his
death, his wife viz. Seshamma, her four children became
successors of the said property. The said Seshamma also died
intestate on 05.12.1991, leaving her children. Thereafter, some
family disputes arose between the legal heirs of Ramaiah, and a
SRK, J
W.P.No.32050 of 2025
7
Partition suit vide O.S.No.87 of 1992 on the file of the Senior Civil
Judge, Machilipatnam was filed in respect of the subject property.
(c) Respondent No.6, tenant, filed O.S.No.4 of 1998 on
the file of the Senior Civil Judge, Machilipatnam for the relief of
Specific Performance of Agreement of Sale, against the legal heirs
of the deceased Kantheti Ramaiah, by creating a fake and
fabricated Sale Agreement. The trial Court conducted joint trial and
passed Common Judgment in both suits on 31.07.2000 and
decreed the suit in favour of the petitioner’s vendors, by allotting
1/4
th
share to each legal heir, and the another suit in O.S.No.4 of
1998 filed by the respondent No.6, was dismissed.
(d) Against the Decree and Judgment dated 31.07.2000
passed by the trial Court, respondent No.6 filed Appeal Suit No.124
of 2000 on the file of the VI Additional District Judge, Krishna at
Machilipatnam, and the same was dismissed by this Court on
25.01.2012, confirming the judgment passed by the trial Court.
Aggrieved by the said Judgment, the respondent No.6 preferred
Second Appeal No.1240 of 2012 before this Court, and on
14.07.2025, this Court dismissed the Second Appeal for non-
prosecution. During the said litigation, the parents of petitioner
SRK, J
W.P.No.32050 of 2025
8
purchased the subject property in the year 2021, by way of
Registered Sale Deed from the legal heirs of Kantheti Ramaiah.
(e) That from the date of purchase, the petitioner has
been in peaceful possession and enjoyment of the subject property
till today. Though the subject property is more than 100 years old,
and it is in dilapidated condition, which may endanger the
neighbours as well as the public, who are passing through that
street, the respondent No.6 i.e. illegal tenant and his family
members have been residing in the subject house, for which, the
petitioner and the villagers made a representation to the
respondent No.4 on 21.07.2025 seeking for its demolition. But the
respondent No.5, pursuant to the proceedings in ROC No.40/2025,
dated 28.07.2025 issued by 4
th
respondent, inspected the subject
building along with the Mandal Engineering Officer, Mandal Praja
Parishad, Kaikaluru, and submitted a report on 08.09.2025 vide
Lr.No. /PRISD Mandavalli 2025 stating that a private person
submitted a paper to him through which, he came to know that the
subject property was under the litigation before the Court. Hence,
the respondent No.5, without inquiring and without application of
mind, refused to inspect the subject building. The subject building
was now with hundreds of cracks and several pieces of slab
SRK, J
W.P.No.32050 of 2025
9
corners, inside and outside were broken, and the said pieces were
continuously falling on the road, due to which some of the vendors
also sustained injuries. Hence, the Writ Petition.
4. This Court vide Order dated 26.11.2025, directed the
respondent No.5-the Deputy Executive Engineer, PRI Sub-Division,
Mandavalli, Eluru District to assess the stability of the subject
building and file report. Accordingly, the respondent No.5 inspected
the subject building and submitted his Report on 09.12.2025.
5. On 29.12.2025, when the matter is taken up for
hearing, it was brought to the notice of this Court that the subject
building is in dilapidated condition and to that effect, Feasible
Certificate was also issued to the Engineering and Panchayat Raj
Department. This Court also observed to the extent that when the
subject building is 100 years old and in dilapidated condition,
invariably, the Gram Panchayat has to ensure that no untoward
incident resulting in loss of life or limb would occur. Therefore, this
Court directed the respondent No.4-the Kaikaluru Gram Panchayat,
Kaikaluru, West Godavari District to take the subject building into
custody and place barricade.
6. During the pendency of Writ proceedings, 6
th
respondent died, and vide Order dated 17.06.2026 in I.A.No.1 of
SRK, J
W.P.No.32050 of 2025
10
2026, one Buddha Srinivasa Rao, who is none other than the son
of the deceased respondent No.6 was impleaded as respondent
No.7 to the Writ proceedings.
7. It is the contention of learned counsel for respondent
No.7 that his father filed I.A.No.1 of 2025 for restoration of Second
Appeal No.1240 of 2012, which was dismissed for default on
14.07.2025 by this Court. The present Writ Petition was filed in
order to drive away his family from the subject property, misusing
the provisions of the Andhra Pradesh Panchayat Raj Act, 1994,
stating that the subject building is in dilapidated condition. He
further contends that under the guise of interim order directing the
respondent No.4 to take custody of the subject building and to
place barricade, the entry of respondent No.7 and his family
members into the subject building has been restrained. The subject
property is not in dilapidated condition. The respondent No.7, being
the legatee under the Will dated 02.06.2023, became the absolute
owner of the subject building after death of the testator, and he is
the interested person over the subject property. Hence, it is prayed
to dismiss the Writ Petition.
8. Perused the entire material available on record.
SRK, J
W.P.No.32050 of 2025
11
9. There is no dispute with regard to the civil litigation
between the petitioner and the unofficial respondents, and in
connection with that, the suit in O.S.No.87 of 1992 on the file of the
learned Senior Civil Judge, Machilipatnam filed for Partition of
subject property, and the suit in O.S.No.4 of 1998 filed by the
respondent No.6 on the file of the learned Senior Civil Judge,
Machilipatnam, for the relief of Specific Performance of Agreement
of Sale, were disposed of, by a Common Judgment, dated
31.07.2000. Apparently, the suit in O.S.No.4 of 1998 filed by
respondent No.6, was dismissed and it is also not in dispute that
appeal preferred by respondent No.6 vide Appeal Suit No.124 of
2000 on the file of the learned VI Additional District Judge, Krishna
at Machilipatnam, was dismissed on 25.01.2012, confirming the
Judgment passed by the trial Court. Further, it is also not in dispute
that the respondent No.6 preferred Second Appeal No.1240 of
2012 before this Court and the same was dismissed for default on
14.07.2025. Now, the only ground for filing the present Writ Petition
is to demolish the subject building.
10. Rule 32 of the Andhra Pradesh Gram Panchayat Land
Development (Layout and Building) Rules, 2002, mandates that all
unsafe buildings shall be considered to constitute danger to public
SRK, J
W.P.No.32050 of 2025
12
safety and hygiene and sanitation and shall be restored by repairs,
demolition or dealt with as otherwise directed by the Collector/
Executive Authority.
11. A perusal of the material on record goes to show that
the subject building bearing Assessment No.2455 and Door No.11-
137, Nethikottu Street, Kaikaluru Gram Panchayat and Mandal,
Eluru District is more than 100 years old and it is in dilapidated
condition and it would endanger the life and limb of the persons
residing nearby the said place. The material on record further goes
to show that when the petitioner and the villagers made a
representation to the respondent No.4 on 21.07.2025 seeking for
its demolition, the respondent No.5, though inspected the subject
building, could not comply the order of the respondent No.4 on the
ground that the matter is sub judice.
12. The present Writ Petition was instituted in the year
2025. It is apparent on the face of the record that none of the
respondents filed counter-affidavit. Though 7
th
respondent, who is
none other than the son of 6
th
respondent was impleaded to the
Writ Petition proceedings, except his oral contentions, he did not
file counter-affidavit. As per Rule 12 (i) (a) of the Writ Proceedings
Rules, 1977 of the High Court of Andhra Pradesh, every
SRK, J
W.P.No.32050 of 2025
13
respondent in every Writ Petition intending to enter appearance
and oppose any Writ Petition on which notice is issued by the High
Court, shall enter appearance and file a Counter Affidavit in
opposition as soon as may be and in any event one hundred and
twenty days from the date of service of notice in the Writ Petition or
the Service of Rule nisi on the said Respondent. Despite
adjourning the Writ Petitions from time to time for filing counter-
affidavits by the respondents, the counter-affidavits have not been
filed within the stipulated period of 120 days as per the Writ
Proceedings Rules, 1977. Therefore, this Court is constrained to
proceed with the Writ Petition basing on the material available on
record.
13. Learned counsel for the respondent No.7 would
contend that only to drive away this respondent and his family
members, the present Writ Petition was filed, misusing the
provisions of the Andhra Pradesh Panchayat Raj Act, 1994, though
the subject building is not in dilapidated condition. He further
contends that the respondent No.7 and his family members were
restrained under the guise of interim order. The respondent No.7,
being the legatee under the Will dated 02.06.2023, became the
SRK, J
W.P.No.32050 of 2025
14
absolute owner of the subject building after the death of the testator
and he is the interested person over the subject property.
14. Learned counsel for the petitioner would contend that
the building in question is such that neither its maintenance is
possible nor is it possible to get it repaired inasmuch as any
attempt at its renovation might result in collapse. Learned counsel
would contend that in a case of this nature, a Division Bench of the
Allahabad High Court in Ashok Kumar Gupta v. State of U.P
1
addressed the intersection of statutory municipal demolition or
eviction actions and individual rights, emphasizing the primacy of
established legal procedures under municipal law over forceful
extra-judicial dispossession. The relevant paragraphs are extracted
hereunder: (paragraph Nos.14 to 18)
“14. In the facts of the present case, materials on record clearly
reveal urgent requirement of demolition of the tenanted premises, which is
in dilapidated condition. The authorities of Nagar Nigam, Aligarh have
proceeded to act in furtherance of the Statute but requisite action of
demolition has so far not been undertaken only because of resistance by
the tenants of the premises in question. Although 44 persons claim to be
tenants of the premises in question but their status as tenants is otherwise
disputed. We are, however, not inclined to dwell upon this aspect of the
matter as the question with regard to the determination of tenancy of
individuals would be gone into by the Rent Authority in accordance with the
applicable Statute.
1
Neutral Citation No.-2025:AHC:103497-DB.
SRK, J
W.P.No.32050 of 2025
15
15. At this juncture, we may only observe that the rights of the
tenants in such an exigency will have to be dealt with under the Tenancy
Act, 2021. The tenants, however, will not be entitled to object to the
expeditious demolition of the tenanted building, particularly when the
authorities have inspected the said premises and found the requirement of
its demolition as imperative. The applicable scheme under the Act, 1959
for protection of life of individuals on account of building being dilapidated
and posing threat to life of individuals will have to be given primacy over
the protection of tenancy rights of individual applicants.
16. In such circumstances, we are of the view that the
authorities of Nagar Nigam, Aligarh would be required to demolish the
dilapidated tenanted premises in question, in accordance with law. Such
action/exercise of the Nagar Nigam cannot be resisted by the tenants by
making protests etc. The Nagar Nigam shall provide a reasonable
opportunity to such occupants to remove their belongings.
17. We, in such circumstances, deem it appropriate to direct
the District Magistrate, Aligarh as well as Senior Superintendent of Police,
Aligarh to provide requisite police force on the request of Nagar Nigam,
Aligarh so that the dilapidated structure in question be demolished. Such
action would be undertaken strictly in accordance with law. We also
provide that the demolition of the structure would in no way affect the rights
of the tenants as are available to them under the Tenancy Act, 2021. The
requisite action in terms of the notice/Act, 1959 would be undertaken at the
earlier, preferably within two months from today.
18. We expect the tenants occupying the premises in question
to be alive to the concern of protection of life of individuals due to imminent
collapse of the building and not to create any resistance/ objection in
demolition of the building.”
Learned counsel for the petitioner also placed reliance on the
proposition of law laid down in Mukteshwar Mahadev
Mukteshwari Durga Dharmarth Seva Samiti and another v.
SRK, J
W.P.No.32050 of 2025
16
State of U.P. and others
2
, wherein the High Court of Judicature at
Allahabad held as under: (paragraph Nos.14 to 18)
“14. It is equally well recognized that landlords are entitled to
seek eviction where premises become unsafe for occupation. Conversely,
tenants possess the right to demand maintenance of the property in
habitable condition, and in case of neglect, may undertake necessary
repairs and seek reimbursement in accordance with law.
15. However, none of these private rights can prevail over
statutory duties of the Nagar Nigam to remove dangerous structures. That
said, procedural fairness requires that occupants be afforded a reasonable
opportunity to remove their personal belongings prior to demolition, unless
emergent circumstances warrant immediate action.
16. It is held that the rights of the tenants in such an exigency
will have to be dealt with under the Tenancy Act, 2021. The tenants,
however, will not be entitled to object to the expeditious demolition of the
tenanted building, particularly when the authorities have inspected the said
premises and found the requirement of its demolition as imperative. The
applicable scheme under the Act, 1959 for protection of life of individuals
on account of building being dilapidated and posing threat to life of
individuals will have to be given primacy over the protection of tenancy
rights of individual applicants.
17. In view of the facts and circumstances, this Court is
satisfied that the building in question is in a ruinous condition and deserves
to be demolished without waiting for the dispute with the tenants to be
resolved. Whatever rights they may be having under the provisions of
Tenancy Act will always be available to them and the same cannot be held
to be a ground to further delay the demolition of the building in question.
18. Accordingly, the respondent No.3 is directed to demolish
the building in question within two weeks from today duly notifying the date
and time of demolition. Respondent No.4 is directed to ensure that
necessary police force is provided during the time of demolition to ensure
safety, security as well as maintenance of law and order. The respondent
2
Writ – C No.3256 of 2026 dated 20.02.2026.
SRK, J
W.P.No.32050 of 2025
17
authority may recover the costs so incurred in demolition of the building
from the petitioner as per law.”
15. There cannot be any dispute that protection of life of
individuals on account of building being dilapidated and posing
threat to life of individuals will have to be given primacy over the
protection of right of individuals. In the case on hand, respondent
No.5, pursuant to the directions of this Court, inspected the subject
building and submitted his Report on 09.12.2025, which is
extracted hereunder:
“I have inspected the building related to Lr.No.WP
32050/2025/PR&RD/High Court of A.P., bearing Assessment
No.2455, D.No.11-137 of Kaikaluru Village. On enquiry with the
surrounding residents, it is ascertained that the building is a
private property and is approximately 70 years old. It is a load-
bearing structure, consisting of a ground floor with an RCC slab
and a first floor partially covered with AC sheet roofing.
It is submitted that the basement level is at par with the
adjoining road at one point and slightly higher at another.
During visual inspection, cracks were observed in several walls,
and indications of water logging were also noticed. The doors
and windows on the first floor are damaged, and most of the
doors and windows on the ground floor are also in a
deteriorated condition. Hence, the structure is unfit for
occupation. Further, as the building is located adjacent to and
at the corner of high-traffic roads, the structure poses a
potential safety hazard to the general public. Therefore,
dismantling of the building is recommended in the interest of
public safety.”
SRK, J
W.P.No.32050 of 2025
18
A perusal of the report submitted by 5
th
respondent
goes to show that the subject building is a load bearing structure,
and that cracks were observed in several walls and indications of
water logging were also noticed. Respondent No.5 concludes that
the structure is unfit for occupation and that as the said building is
located adjacent to, and at the corner of, high-traffic roads, the
structure poses a potential safety hazard to general public, and
hence, he recommended for dismantling of the building in the
interest of public safety.
16. Indisputably, civil litigation went on between the
petitioner and respondent Nos.6 and 7. As per the contention of
learned counsel for respondent No.7, I.A.No.1 of 2025 was filed
seeking for restoration of Second Appeal No.1240 of 2012, which
was dismissed for default by this Court on 14.07.2025. Therefore,
the respondent No.7 can as well agitate his remedies in the
Second Appeal, but not in the present Writ Petition. Whether the
respondent No.7, being the legatee under the Will dated
02.06.2023, became the absolute owner of the subject building or
not, is the disputed question of fact, which cannot be decided in a
Writ Petition filed under Article 226 of the Constitution of India, as
this Court generally cannot and will not resolve complex or
SRK, J
W.P.No.32050 of 2025
19
disputed questions of right, title, or ownership over a property, and
such private disputes require a full civil trial with oral evidence and
cross-examination. Therefore, demolition of the structure would in
no way affect the right of the respondent No.7 over the subject
building, which is subject to outcome of the civil litigation between
the parties.
17. Therefore, having regard to the facts and
circumstances of the case, and also having regard to the Report
submitted by the respondent No.5 that the subject building poses a
potential safety hazard to the general public, this Court is satisfied
that the subject building in question is in a ruinous condition and
deserves to be demolished in the interest of public safety.
Accordingly, the respondent No.4 is directed to demolish the
building, bearing Assessment No.2455 and Door No.11-137,
Nethikottu Street, Kaikaluru Gram Panchayat and Mandal, Eluru
District within a period of Three (03) weeks from the date of receipt
of copy of this Order, duly notifying the date and time of demolition,
after taking all necessary precautions therefore such as
disconnecting power supply. Respondent Nos.2 and 3 are directed
to provide requisite police force at the time of demolition of the
structure to ensure safety, security as well as maintenance of law
SRK, J
W.P.No.32050 of 2025
20
and order. The respondent No.4 may recover the costs so incurred
for demolition of the subject building from the petitioner as per law.
It is needless to mention here that the belongings, if any, lying in
the subject building, of the occupants of the said building be shifted
to a safer place by the occupants within a period of Two (02) weeks
from the date of receipt of copy of this order, failing which, the
authorities concerned are at liberty to do so at the expenses of the
petitioner.
18. Accordingly, the Writ Petition is disposed of. There
shall be no order as to costs of the Writ Petition.
As a sequel thereto, the miscellaneous applications, if any,
pending in this Writ Petition, shall stand closed.
JUSTICE K. SREENIVASA REDDY
13
th
August, 2026.
DNB
Whether the Order is:
Speaking Reasoned ✔
Reportable ✔ Non-reportable
Note:
LR Copy to be marked.
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In a landmark ruling that underscores the paramount importance of public safety over private disputes, the Honourable High Court of Andhra Pradesh at Amaravati recently delivered a significant judgment in **A.Praharsh Dhana Syam v. The State of AP & Others**. This case, concerning the urgent need for a **dilapidated building demolition** and the ensuing property disputes, highlights crucial legal precedents. Legal professionals and students can find the full text of this **Andhra Pradesh High Court judgment** and its analysis on CaseOn, making it a critical reference point for understanding the intersection of administrative law and civil property rights.
The petitioner, A.Praharsh Dhana Syam, approached the High Court seeking a Writ of Mandamus. The primary objective was to compel the 4th and 5th respondents (Kaikaluru Gram Panchayat and the Deputy Executive Engineer, respectively) to demolish a building located at Door No. 11-137, NethiKottu Street, Kaikaluru, Eluru District. The building, described as over 100 years old (though official reports later indicated around 70 years) and in an extremely dilapidated condition, was deemed a significant hazard to both its immediate residents and the general public. Despite representations from the petitioner and villagers, demolition was stalled due to alleged pending civil litigation related to the property.
The crux of the matter revolved around the refusal of the Gram Panchayat and the Deputy Executive Engineer to act on the demolition request, citing ongoing civil disputes. The 7th respondent, Buddha Srinivasa Rao (son of the deceased 6th respondent, who was a tenant), contested the petition. He argued that the building was not dilapidated and that the petition was a misuse of legal provisions to evict his family. He also claimed ownership via a Will, further complicating the property's status.
The Court's decision was rooted in several crucial legal provisions:
The High Court relied heavily on established precedents from the Allahabad High Court, emphasizing the primacy of public safety:
CaseOn.in offers concise 2-minute audio briefs that enable legal professionals to quickly grasp the nuances and implications of these specific rulings, making complex legal analysis more accessible.
The Court noted that despite the initial refusal based on pending litigation, an inspection was conducted by the 5th respondent following a previous court order. The report, dated 09.12.2025, conclusively stated that the building, a load-bearing structure, showed extensive cracks, water logging, damaged doors and windows, rendering it unfit for occupation. Crucially, its location at a high-traffic intersection exacerbated its hazard potential, leading to a clear recommendation for dismantling in the public interest.
The long history of civil litigation concerning the property was acknowledged. The petitioner's parents acquired the property in 2021 after various suits, appeals, and second appeals, including one by the 6th respondent (original tenant) for specific performance, had been dismissed. The 7th respondent's claim of ownership through a Will and the attempt to restore a dismissed Second Appeal were recognized as ongoing private disputes. However, the Court clearly stated that such complex questions of right, title, or ownership cannot be resolved in a writ petition under Article 226. The potential outcome of these civil disputes would not, in any way, negate the immediate danger posed by the dilapidated structure to public life.
A critical procedural aspect that influenced the Court's decision was the failure of the respondents to file counter-affidavits within the stipulated 120-day period as per the Writ Proceedings Rules, 1977. This default left the Court no option but to proceed based on the material available on record, primarily the petitioner's affidavit and the official inspection report confirming the building's hazardous state.
Given the overwhelming evidence of the building's ruinous condition and the potential safety hazard, the High Court was satisfied that demolition was necessary in the interest of public safety. Accordingly, the 4th respondent, Kaikaluru Gram Panchayat, was directed to demolish the building (Assessment No. 2455, Door No. 11-137) within three weeks from the date of receiving the order. This directive included notifying the date and time of demolition and taking all necessary precautions, such as disconnecting power supply.
The 2nd and 3rd respondents (District Collector, West Godavari District, Eluru, and the Superintendent of Police, Eluru) were instructed to provide the requisite police force to ensure safety, security, and maintenance of law and order during the demolition.
The Court clarified that the demolition would not affect the rights of the 7th respondent over the subject building, which would remain subject to the outcome of any civil litigation. It also allowed the 4th respondent to recover the costs incurred for demolition from the petitioner as per law. Furthermore, the occupants of the building were given two weeks to shift their belongings to a safer place, failing which the authorities were at liberty to do so at the petitioner's expense. The Writ Petition was thus disposed of, with no order as to costs.
This judgment serves as a vital illustration of several key legal principles and their practical application:
For lawyers, this judgment provides a strong precedent for cases involving hazardous structures and the enforcement powers of municipal bodies. For law students, it's an excellent example of the IRAC method in action, showcasing how issues are identified, rules applied, facts analyzed, and conclusions drawn in a real-world scenario.
All information provided in this article is for informational purposes only and does not constitute legal advice. While efforts have been made to ensure accuracy, readers should consult a qualified legal professional for advice on specific legal issues.
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