1 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. Date of reserved for order : 22.06.2026 Date of pronouncement : 22.06.2026 Date of uploading : 25.06.2026 APHC010443792021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE TWENTY SECOND DAY OF JUNE, TWO THOUSAND AND TWENTY SIX. PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26890 of 2021 Between: 1. BOBBA SRI HARI PRASAD CHOWDARY, S/O ADINARAYANA MURTY, AGED ABOUT 62 YEARS, HINDU, ADVOCATE, R/O D.NO. 82-17-24/1, MAHALAKSHMI TEMPLE STREET, A.V. APPA RAO ROAD, RAJAHMUNDRY, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (MUNICIPAL ADMINISTRATIONAND URBAN DEVELOPMENT), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTORATE OF MUNICIPAL ADMINISTRATION AND CHAIRMAN APPELLATE COMMITTEE, GORANTLA, GUNTUR, GUNTUR DISTRICT. 3. THE COMMISSIONER, RAJAHMUNDRY MUNICIPAL CORPORATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 2 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. 4. THE CITY PLANNER, RAJAHMUNDRY MUNICIPAL CORPORATION, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 5. GODAVARI URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS VICE CHAIRMAN, NFCL ROAD, KAKINADA, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. PARTY IN PERSON Counsel for the Respondent(S): 1. R K ACARYULU SC For RJY,KKD,ELR,AMP UDA 2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 3. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26890 of 2021 ORDER: 1. The party in person has appeared before this court and it is submitted that the petitioner had retired from Indian Air-force and thereafter the Petitioner purchased a plot admeasuring 186 square yards. Thereafter, the petitioner has constructed a building over it and personally using the same for residential purpose. In order to regularize deviations in the said building which was constructed in the year 2001, the petitioner applied for BPS under G.O.Ms.No.901 and paid a token amount of Rs.5,000/-. Thereafter, the 4th respondent had levied an amount of Rs.68,025/- as penalizing charges for regularization of the petitioner’s building. The petitioner has been awaiting the proceedings pertaining to regularization. 2. It is submitted that the petitioner’s application for regularization was rejected by notifying a short-fall that the petitioner would have to furnish up-to date VLP tax receipt or house tax receipt and it is submitted that since the petitioner could not produce house tax receipts as per the notice issued by respondent No.3, the respondent authorities have not passed any orders on the regularization application of the petitioner. 3. The 3rd respondent in their counter have submitted that the BPS scheme dated 29.04.2008 was introduced and the petitioner paid the penalty 4 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. levied. It is also statedthat the petitioner applied for LRS and paid the requisite amount towards LRS penal charges. It is also stated in the counter that neighbor to the petitioner had submitted their application for regularization and their application for the regularizing unauthorized construction and in deviation of the sanction plan, was processed and the building of the neighbor of the petitioner was regularized. However, the petitioner’s building could not be regularized. 4. The petitioner submits that the petitioner is exempted from applicable tax even as per ROC.No.5303/2002-A1 dated 21.06.2023 issued by the 3rd respondent. Copy of the same is also filed along with the writ petition. 5. When thepetitioner is exempted from applicable tax and proceedings to that effect are issued by the respondents, the respondents cannot be justified in issuing shortfall endorsement dated 28.11.2013. 6. Having noticed that the petitioner has complied with all the requirements for structure regularization of his building under G.O.Ms.No.901, the respondents shall have to pass final orders by regularizing the construction of the petitioner, subject to the shortfall of the penalties being any ordered in respect of regularization. 7. The submission of vacant land tax or house tax cannot be insisted by the respondents for passing appropriate orders in pursuance of the application of the petitioner seeking regularization of his structure. 5 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. 8. With these observations, writ petition is disposed of. It is needless to mention that the respondents have to pass necessary orders in pursuance of the application of petitioner, within a period of eight (08) weeks, from the date of this order. No costs. Consequently, pending miscellaneous applications, if any, shall stand closed. ________________________ SRI JUSTICE HARINATH.N Dated:22.06.2026. KS Whether order is: Speaking : √ Reasoned : Reportable : Non-reportable : √ 6 HN,J. W.P.No.26890 of 2021 Dated 22.06.2026. 152 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26890 of 2021 Dated:22.06.2026. KS