i ^ 4 APHC010146402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos. 7541 AND 7542 OF 2024 WRIT PETITION NO: 7541 OF 2024 Between: Smt. Katari Venkateswaramma, W/o Srinivas, D.No.22-33, Sri Srinivas Enclave, F1 4 TH Floor, Bhagath Singh Nagar ,3'“'^ Lane Yenamalakudur ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 2. YSR Tadigadapa Municipality, Rep. by The Commissioner, Tadigadapa, Krishna District. 3. The Town Planning Supervisor Corporation, Tadigadapa .Krishna District. 4. Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3-82, Sri Srinivasa Avenue, Flat.No.404, LVS gardens (STBL colony), YSR Tadigadapa(Municipality), Krishna District. 5. Smt. Katari Vijayalaxmi, W/o Venkateswararao, 6-3-82, Sri Srinivasa Avenue, Flat No.602, LVS gardens STBL colony, YSR Tadigadapa Municipality, Krishna District YSR Tadigadapa Municipal (R4 is impleaded in Petition and affidavit as per the Court Order dt.03.05.2024 vide orders passed in lA No.2 of 2024) (R5 is impleaded in Petition and affidavit as per the Court Order dt.08.07.2024 vide orders passed in lA No.4 of 2024) ,/ ...RESPONDENTS 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 appropriate Writ .direction or order more particularly one in the nature of mandamus declaring the action of the 2"^^ Respondent and 3'^ Respondent s in issuing the Provisional Order 01.02.2024 UC/2/2024 Notice Under Section 228(1&2) R/W Section 209,212 of APM 1965 and UNDERSECTION 115(1) and 116(1) Read With Sections 108,109 andllO of AP CAPITAL REGION DEVELOPMENT AUTHORITY Act 2014 in rejecting the reply and threatened to demolish the petitioners Pent house with in the 3 days by issuing the Confirmation Order U/s 228(3) of APM Act 1965 and U/s 115 (3)of APCRDA Act 2014. Dated /02/2024, failing to remove the deviations immediately without following the due process of law is arbitrary, illegal, capricious , unjust and violate of the Articels 14,19 21 and 300A Constitution of India and in breach of principles of natural Justice and consequently direct the Respondents not to Demolish the Petitioners Pent house with an Extent of 40Sqyrds premises bearing R.S. No. 170/1 with Door No.6-3-82 at Tadigadapa Village, Krishna District. lA NO: 1 OF 2074 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 Pent house in a 40sqyrds Extn premises bearing R.S. No. 170/1 with Door No.6-3-82 at Tadigadapa Village Krishna District in justice. Notice No. Act pursuance of the above said proceedings in the interest of M lA NO: 3 OF 2024 r Between: Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3- 82, Sri Srinivasa Avenue, Flat.No.404, LVS gardens (STBL colony), YSR Tadigadapa(Municipality), Krishna District. ...PETITIONER/4**’ RESPONDENT AND 1. Smt. Katari Venkateswaramma, W/o Srinivas, D.No.22-33, Sri Srinivas Lane rd Floor, Bhagath Singh Nagar ,3 Yenamalakudur, YSR Tadigadapa Municipality, Krishna District. TH F1 4 Enclave ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 3. YSR Tadigadapa Municipality, Rep. by The Commissioner, Tadigadapa, Krishna District. 4. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa ,Krishna District. ...RESPONDENTS/ RESPONDENTS 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 vacate the interim orders granted on 26.03.2024 in WP.No.7541/2024. lA NO: 5 OF 2024 Between: YSR Tadigadapa Municipality, Rep. by The Commissioner, Krishna District. ...PETITIONER/RESPONDENT AND 1. Smt. Katari Venkateswaramma, W/o Srinivas, D.No.22-33, Sri Srinivas Enclave, F1 4‘^ Floor, Bhagath Singh Nagar ,3'^'^ Lane Yenamalakudur. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 3. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa ,Krishna District. 4. Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3-82, Sri Srinivasa Avenue, Flat.No.404, LVS gardens (STBL colony), YSR Tadigadapa(Municipality), Krishna District. 5. Smt. Katari Vijayalaxmi, W/o Venkateswararao, 6-3782, Sri Srinivasa Avenue, Flat No.602, LVS gardens STBL colony, YSR Tadigadapa Municipality, Krishna District. (R4 is impleaded in Petition and affidavit as per the Court Order dt.03.05.2024 vide orders passed in lA No.2 of 2024) (R5 is impleaded In Petition and affidavit as per the Court Order dt.08.07.2024 vide orders passed in lA No.4 of 2024) (R2 to R5 are formal parties) ...RESPONDENTS 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 vacate the interim orders granted on 26.03.2024 in WP No. 7541 of 2024 and dismiss the Writ Petition in the interest of justice. Counsel for the Petitioner: SRI V.V.V. RAO YARREREDDY Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.4: SRI K. K. DURGA PRASAD Counsel for the Respondent No.5: SRI PEETA RAMAN APHC010146392024 WRIT PETITION NO: 7542 OF 2024 Between: Katari Nalini, W/o Mahesh babu D.No.14-98,Sri Srinivasa Residency, FI 4 Floor, Velagapudi, Thirupathaiah Street, Yenamalakudur th ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 2. YSR Tadigadapa Municipality, rep by Commissioner, Tadigadapa, Krishna District. 3. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa ,Krishna District 4. Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3-82, Sri Srinivasa Avenue, colony), YSR Tadigadapa(Municipality), Flat.No.404, LVS gardens (STBL Krishna District 5. Sri Meda Kiran Kumar(Cell No 9014904279), Aged about D.No.6-3-82, Sri Srinivasa Avenue, Flat.No.602,LVS Colony), YSR Tadigadapa ( Municipality), Krishna District (R4 is impleaded in Writ Petition and affidavit Order dt.03.05.2024 vide orders passed in lA No.2 of 2024.) (R5 is impleaded in Writ Petition and affidavit Order dt.03.10.2024 vide orders passed in I.A.No. 04 of 2024.) ...RESPONDENTS 36 years, gardens (STBL as per the Court as per the Court 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 appropriate Writ .direction or order more particularly one in the nature of mandamus deciaring the action of the 2 nd Respondent and 3'^'^ Respondent s in issuing the Provisional Order 01.02.2024 Notice No. UC/2/2024 Notice Under Section 228(1 AND 2) R/W Section 209,212 of APM Act 1965 and UNDERSECTION 115(1) & 116(1) Read With Sections AND110 of AP CAPITAL REGION DEVELOPMENT AUTHORITY Act 2014 i rejecting the reply and threatened to demolish the petitioners Pent house with in the 3 days by issuing the Confirmation Order U/s 228(3) of APM Act 1965 and U/s 115 (3)of APCRDA Act 2014. Dated /02/2024, failing to remove the deviations immediately without following the due process of law is arbitrary .illegal, capricious , 108,109 in unjust and violate of the Articels 14,19 21 and 300A India and in breach of principles of natural Justice and consequently direct the Respondents not to Demolish the Petitioners house with an Extent of 40Sqyrds premises bearing R.S. No. 170/1 with Door No.6-3-82 at Tadigadapa Village Krishna District. Constitution of Pent lA NO: 1 OF 9n9A Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the Respondents not to demolish the Pent house in a 40sqyrds Extn may be pleased to premises bearing R.S. No.170/1 with Door No.6-3-82 at Tadigadapa Village Krishna District in pursuance of the above said proceedings in the interest of justice. lA NO: 3 OF 2024 Between: Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3- 82, Sri Srinivasa Avenue, Flat.No.404, LVS gardens (STBL colony), YSR Tadigadapa(Municipality), Krishna District. ...PETITIONER/4''’ RESPONDENT AND D.No.14-98,Sri Srinivasa Floor, Velagapudi, Thirupathaiah Street, Smt. Katari Nalini, W/o Mahesh babu Residency, Yenamalakudur, YSR TadigadapaMunicipality, Krishna District. 1. th FI 4 ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 3. YSR Tadigadapa Municipality, Rep. by The Commissioner, Tadigadapa, Krishna District. 4. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa ,Krishna District. ..RESPONDENTS/ RESPONDENTS 1-3 in WP Sri Meda Kiran Kutnar(Cell No 9014904279), Aged about 36 years, D.No.6-3-82, Sri Srinivasa Avenue, Flat.No.602,LVS gardens (STBL Colony), YSR Tadigadapa ( Municipality), Krishna District. (R5 is impleaded as per the Court Order dt.03.10.2024 vide orders passed in I.A.No.04 of 2024.) 5. ... RESPONDENT 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 vacate the interim orders granted on 26.03.2024 in WP.No.7542/2024. lA NO: 5 OF 2024 Between: YSR Tadigadapa Municipality, Rep. by The Commissioner, Krishna District. ...PETITIONER/RESPONDENT AND 1. Katari Nalini, W/o Mahesh babu D.No. 14-98,Sri Srinivasa Residency, FI 4^*^ Floor, Velagapudi, Thirupathaiah Street, Yenamalakudur. ...RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 3. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa .Krishna District. 4. Yemeni Vamsi Mohan, S/o Subash Chandrabose, age 50 years, D.No.6-3-82, Sri Srinivasa Avenue, Flat.No.404, LVS gardens (STBL colony), YSR Tadigadapa(Municipality), Krishna District. 5. Smt. Katari Vijayalaxmi, W/o Venkateswararao, 6-3-82, Sri Srinivasa Avenue, Flat No.602, LVS gardens STBL colony, YSR Tadigadapa Municipality, Krishna District. (R4 is impleaded in Petition and affidavit as per the Court Order dt.03.05.2024 vide orders passed in lA No.2 of 2024) (R5 is impleaded in Petition and affidavit as per the Court Order dt.08.07.2024 vide orders passed in lA No.4 of 2024) (R2 to R4 are formal parties) ...RESPONDENTS/ RESPONDENTS 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 vacate the interim orders granted on 26.03.2024 in WP No. 7542 of 2024 and dismiss the Writ Petition in the interest of justice. Counsel for the Petitioner; SRI V.V.V. RAO YARREREDDY Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.4; SRI K. K. DURGA PRASAD Counsel for the Respondent No.5:SRI KASIM NAGASAIM The Court made the following: COMMON ORDER APHC010146402024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NOs: 7541 and 7542/2024 WRIT PETITION NO: 7541/2024 Between: 1.KATARI VENKATESWARAMMA, W/0 SRINIVAS, D.NO.22-33, SRI SRINIVAS ENCLAVE,F1 4TH FLOOR, BHAGATH SINGH NAGAR ,3RD LANE YENAMALAKUDUR. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN SECRETARY, DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT. 2.YSR TADIGADAPA MUNCIPALITY, REP BY THE COMMISSIONER, TADIGADAPA, KRISHNA DISTRICT. YSR TADIGADAPA MUNICIPAL CORPORATION, TADIGADAPA ,KRISHNA DISTRICT. 3.THE TOWN PLANNING SUPERVISIOR 4 YERNENI VAMSI MOHAN S/0 SUBASH CHANDRABOSE, AGE 50 FLAT.NO.404, COLONY), KRISHNA DISTRICT. R4 IS YEARS, D.NO.6-3-82, SRI SRINIVASA AVENUE, GARDENS YSR TADIGADAPA(MUNICIPALITY) IMPLEADED AS PER THE COURT ORDER DT.03.05.2024 VIDE ORDERS PASSED IN lA N0.2 OF 2024. (STBL LVS 5.SMT KATARI VUAYALAXMI W/0 VENKATESWARARAO 6-3-82 SRI VrT LVS GARDENS STBL COLONY municipality, KRISHNA DISTRICT R5 IS impleaded as per the CO DT.08.07.2024 VIDE ORDERS PASSED IN lA N0.4 OF 2024. ORDERS ...RESPONDENT(S): Counsel for the Petitioner: 1. WV RAO YARREREDDY Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For 2. K K DURGA PRASAD 3.PEETA RAMAN 4. GP MUNCiPAL ADMN AND URBAN DEV AP WRIT PETITION NO: 7542/2024 Between: ' SenTy""' BABU D.N0.14-98,SRI SRINIVASA STREET, YENAMALAKUDUR ''^^'^^'’"^'■THIRUPATHAIAH Municipalities ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND URBAN development department, A.P. SECRETARrAT VELAG™ AT AMARAVATHI, GUNTUR DISTRICT. ’ SECRETARY 2.YSR TADIGADAPA MUNCIPALITY KRISHNA DISTRICT. REP BY COMMISSIONER 3. THE TOWN PLANNING SUPERVISIOR, , YSR TADIGAOAPa municipal CORPORATION, TADIGADAPA ,KRISHNA DISTRICT S'O SUBASH CHANDRABOSE AGE 50 years, D,N0.6-3-82, SRI SRINIVASA AVENUE, FLAT.nLo4 LVS 3 COLONY), KRISHNA DISTRICT R4 IS GARDENS (STBL YSR TADIGADAPA(MUNICIPALITY), IMPLEADED AS PER THE COURT ORDER DT.03.05.2024 VIDE ORDERS PASSED IN lA N0.2 OF 2024. 5.SRI MEDA KIRAN KUMAR CELL NO 9014904279, AGED ABOUT 36 YEARS, D.NO.6-3-82, SRI SRINIVASA AVENUE, FLAT.NO.602,LVS GARDENS (STBL COLONY), YSR TADIGADAPA ( MUNICIPALITY) , KRISHNA DISTRICT. ORDER DT.03.10.2024 VIDE ORDERS PASSED IN I.A.NO. 04 OF 2024. R5 IS IMPLEADED AS PER THE COURT ...RESPONDENT(S): Counsel for the Petitioner: 1. VW RAO YARREREDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. KASIM NAGASAIM 4.KKDURGA PRASAD The Court made the following: ■¥ 4 I Common Order:- I The learned counsel for the petitioner submits that the petitioner is the order dated 24.02.2024, whereby the 2"'^ respondent aggrieved by confirmed the deviations in the construction. Prior to the issuance of the said Provisional Order/Notice dated 01.02.2024 was issued, wherein the 2'"'^ respondent directed the petitioner to demolish the unauthorized construction of the 6*^ floor (penthouse) constructed over the existing stilt. order, a ground floor, and four upper floors. 2. This Court, by order dated 26.03.2024, also directed the respondent authorities not to take any coercive steps and also directed the petitioner not to make any further construction. 3 The learned Standing Counsel appearing for respondent Nos. 2 and 3 submits that the petitioner has constructed by deviating from the sanctioned additional floor in the form of two plan and has unauthorizedly constructed an penthouses. It is also stated that the petitioner has executed sale deeds in relatives for the same penthouse. It is further favour of the petitioner’s submitted that there is no provision for regularizing the said unauthorized ^ construction, and as such, the impugned proceedings are well within the y I powers of the 2"° respondent. It is further submitted that the petitioner could not have constructed any additional floor or portion on the 6*^ floor without obtaining prior permission 4 'N 5 from the competent authority. It is also submitted that the height of the building exceeds 18 meters: therefore, there is no provision for regularizing the same. The learned counsel respondent is a resident of the said are open to all residents of the unauthorized penthouses, namely Flat Nos. 601 title documents in favor of his wife and mother f \ 5. appearing for the 4**^ respondent submits that the apartment and that the terrace rights apartment. The construction of two and 602, and the execution of do not entitle the petitioner to claim any right or ownership over the said unauthorized constructions. 6. It is submitted that the said unauthorized out an area for parking and eat into the cause inconvenience to the residents of the flats. construction would also carve I common parking area, which would 1 ! 7. Heard the learned counsel for the petitioner, the learned Standing 3d counsel appearing for Counsel for the respondent Nos.2 & ’3 and the learned the 4*^ respondent. 8. The learned counsel for the petitioner, on the other hand, submits that the petitioner intends to approach the Government and seeks protection till the appeal is disposed of. and file a statutory appeal 9. These writ petitions are disposed of, leaving it open for the petitioner to take steps as advised. Insofar as further action to be taken against the unauthorized construction, it is left open for respondent Nos. 2 and 3 to take appropriate steps. No costs. 6 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi at Amaravathi, Guntur District. 2. The Commissioner, YSR Tadigadapa Municipality, Tadigadapa, Krishna District. 3. The Town Planning Supervisor, YSR Tadigadapa Municipal Corporation, Tadigadapa ,Krishna District. 4. One CC to Sri V.V. V. Rao Yarrereddy, Advocate [OPUC] 5. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities [OPUC] 6. One CC to Sri K. K. Durga Prasad, Advocate [OPUC] 7. One CC to Sri Peeta Raman, Advocate [OPUC] 8. One CC to Sri Kasim Nagasaim, Advocate[OPUC] 9. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 10. Two CD Copies. ssb sst) HIGH COURT DATED:04/08/2025 COMMON ORDER WP Nos. 7541 & 7542 OF 2024 3 t >1 AUG 2025 , Co tp DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS