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2014 DAILYLAW 1661 (AP)

N.KRISHNA PRASAD,&ANOT v. STATE OF AP,PRL.SCY,M.A.D,HYD,& 2

WP/36591/2014 · 2026-06-16

Harinath N

body2014

Judgment text

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HN, J W.P.No.36591_2014 APHC010309402014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36591/2014 Between: 1. N.KRISHNA PRASAD,&ANOT, S/O: N. RAMAPPA, AGED ABOUT 64 YEARS, OCC: RETIRED GOVERNMENT SERVANT, R/O: 5B, LANDAMARK APARTMENTS, 5TH LANE, BRINDAVAN GARDEN, GUNTUR, ANDHRA PRADESH 2. SMT.N. ASHALATHA,, W/O: N. KRISHNA PRASAD, AGED ABOUT 58 YEARS, OCC: HOUSEWIFE, R/O: 5B, LANDAMARK APARTMENTS, 5TH LANE, BRINDAVAN GARDEN, GUNTUR, ANDHRA PRADESH ...PETITIONER(S) AND 1. STATE OF AP PRL SCY M A D HYD 2, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, SECRETARIAT, HYDERABAD. 2. GUNTUR MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, OPP. GANDHI PARK, GUNTUR 522 003, ANDHRA PRADESH. 3. ASSISTANT CITY PLANNER, KOTHAPETA AREA, GUNTUR MUNICIPAL CORPORATION, GUNTUR, A.P. ...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 a writ, order or direction, more particularly one in the nature HN, J W.P.No.36591_2014 of a Writ of Mandamus declaring the action of the respondents to demolish the third floor of Nursing home building situated at D.No.10-2-30, 2nd line Sambasivapet, Guntur as being illegal, arbitrary and contrary to the provisions of the Constitution of India, HMC Act, 1955 and in violation of principles of natural justice and consequently to direct the respondents not to take coercive steps against the petitioners without issuing notice and following due process of law IA NO: 1 OF 2014(WPMP 45801 OF 2014 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 third floor of the Nursing home building situated at D.No. 10-2-30, 2nd line Sambasivapet, Guntur city during the pendency of this Writ Petition 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 May be pleased to receive the counter copy on record by allowing, the leave petition in the above writ petition and may pass Counsel for the Petitioner(S): 1. HAMSA DEVINENI Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) HN, J W.P.No.36591_2014 ORDER: 1. There is no representation on behalf of the petitioners. 2. Today, when the matter is taken up for hearing, the learned Standing counsel appearing for respondent No.2 submits that the petitioners have approached this Court aggrieved by the action of the respondents in attempting to demolish the unauthorized floor. This Court had directed respondent Nos.2 and 3 not to demolish the structure without following the due process of law. It is submitted that, subsequently, the petitioners applied for BPS Scheme under G.O.Ms.No.128, dated 22.05.2015, and the respondent authority has regularized the construction. 3. Recording the same, no further orders are required to be passed on merits. Accordingly, the writ petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N Date:17.06.2026 NKA HN, J W.P.No.36591_2014 29 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36591 of 2014 Date: 17.06.2026 NKA