APHC010126842014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14766/2014 Between: Dr. G.v. Somayajulu, Ananthapur Dist. ...PETITIONER AND Commr Ananthapur Mun Corp Ananthapur ...RESPONDENT Counsel for the Petitioner: 1. S SURENDER REDDY Counsel for the Respondent: 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2 The Court made the following order: The Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an Writ, Order or Direction, more particularly a Writ of Mandamus declaring the action of the respondent in taking steps to demolish the structures constructed by the petitioner in Door No.7-225, Ward No.7, Sy.No.2035/2, Veedhi court Road, Anantapur, Anantapur District in pursuance of the permission granted by the respondent vide proceedings B.A.No.2174/2011/G2, dated ..04.2011 (07.05.2011) under the guise of issuance of notice vide B.A.No.2174/2011/G2, dated --2013 (28.06.2013) even though the petitioner has not made any constructions in deviation to the permission granted by the respondent as illegal, arbitrary, abuse of process of law and is a clear case of violation of principles of natural justice and contrary to the rules and consequently direct the respondent not to demolish the structures in pursuance of the notice issued in proceedings No.B.A.No.2174/2011/G2, dated --2013 (28.06.2013) in the interest of justice and pass…” 2. The petitioner is the absolute owner and possessor of the plot situated in Ward No.7, Door No.7-225 in Sy.No.2035/2, Vedhi Court Road, Ananthapur, Ananthapur District. The petitioner has submitted an application on 17.02.2011 for the construction of the residential building which was accorded by the respondent vide proceedings B.A.No.2174/2011/G2, dated 07.05.2011 for construction of Stilt + Ground Floor with Two Upper Floors. 3. The grievance of the petitioner is that though the petitioner has commenced the construction as per the approved plan, the respondents have issued notice under Section 452(1)(2) of Municipal Corporation Act alleging that the petitioner has constructed the building in devotion of the approved 3 plan. For which the petitioner has also submitted an explanation. But however, instead of passing any final orders in pursuance of the explanation submitted by the petitioner, all of a sudden the officials of the respondents came to the building on 26.05.2014, and tried to demolish the same, as such the present Writ Petition is filed. 4. Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondent. 5. When the matter came up for admission on 29.05.2014, this Court passed the following interim order: “….It is the contention of the learned counsel for the petitioner that the petitioner was issued notice bearing No.B.A.No.2174/2011/G2, signed on 28.06.2013, why action should not be taken with respect to the deviations mentioned in the said notice. The petitioner has submitted an explanation and thereafter no orders came to be passed. Without giving any opportunity to the petitioner, now the respondents are threatening to demolish the constructions made. Sri T.Bheemanna, appearing for the respondent-Corporation, would seek time to get instructions and would also oppose passing of any interim orders. Considering the fact that the construction, which is being made, is only in the residential area, I am inclined o grant interim stay of demolition until further orders.” 6. Today when the matter came up for hearing, learned Standing appearing for the respondent has informed this Court that the petitioner has sold away the said property in favour of the third party and also that as of now the entire constructions are completed and pending the Writ Petition no action has been initiated. But however, if at all they intended to interfere with the 4 property in Door No.7-225, Ward No.7, Sy.No.2035/2, Veedhi Court Road, Anantapur, Anantapur District they will follow due process of law. 7. In view of the same, the Writ Petition is disposed of directing the respondents not to interfere in Door No.7-225, Ward No.7, Sy.No.2035/2, Veedhi Court Road, Anantapur, Anantapur District without following due process of law. There shall be no order as to costs. Miscellaneous petitions pending, any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 22.01.2025 SNI 5 330 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14766 of 2014 Date: 22.01.2025 SNI