APHC010137172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY ,THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6960/2025 Between: Sri Nadendla Sambasiva Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V V RAVI PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 6960 of 2025 ORDER: 1. The present Writ Petition is filed questioning the inaction of the Respondent Nos. 2 and 3 in taking action against the Respondent Nos. 5 to 7 in making illegal constructions contrary to the approved building plan issued by the Respondent No.2 vide BA No.1086/4723/B/Z3/DNY/2024 and in violation of the provisions of AP Municipal Corporation Act, 1955 and AP Building Rules, 2017. 2. The grievance of the Petitioner is that he is the owner of the property of an extent of 200 Sq.Yards with a residential structure bearing Door No.8-4-53/3, Block No.4 and Ward No.24A of Sivajipalem Village, Visakhapatnam. The said property was said to have purchased under a registered Sale Deed bearing Document No.4460/2001, dated 03.12.2001. Respondent No.7 is the neighbour/owner of an extent of 150 Sq.Yards covered by Municipal Door No.8-4-52/1 having purchased the same under a registered Sale Deed dated 16.07.2024. Though the Petitioner and Respondent No.7 initially proposed to develop both the plots, however, the same could not fructify. Thereafter, Respondent No.7 entered into development agreement-cum-GPA with Respondent 3 Nos. 5 and 6 and applied for a building plan, which was sanctioned as referred above. 3. The Petitioner submits that Respondent Nos. 5 to 7 have dug foundations for the basement of pillars by encroaching 3 feet into his site and though the Petitioner has raised complaints dated 28.01.2025, 11.02.2025, 17.02.2025 and 25.02.2025 to Respondent No.4, the same were not being considered. Hence, the present Writ Petition. 4. Learned Standing Counsel appearing for the Respondent No.2 submits that the Respondent authorities issued an Endorsement on 20.03.2025 vide ROC.No.393/2025/Zone- III/ACP.III/G1 calling upon the Respondent Nos. 5 to 7 to stop the construction. A copy of the Endorsement is passed on to the Court. 5. In view of the action being initiated against the Respondent Nos. 5 to 7, the grievance of the Petitioner has been redressed and therefore, this Writ Petition can be disposed of directing the Respondent No.2 to put the Petitioner on notice before permitting the Respondent Nos. 5 to 7 to proceed with further construction. 6. With the above, the Writ Petition is disposed of. No order as to costs. 4 As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 26.03.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 6960 of 2025 Date: 26.03.2025 eha U