APHC010158142025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8516 Between: Kandregula Jagannadha Rao and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8516 OF 2025 Kandregula Jagannadha Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): MANGENA SREE RAMA RAO Counsel for the Respondent(S): GP FOR MUNCIPAL ADMN URBAN DEV Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] WEDNESDAY ,THE SECOND DAY OF APRIL THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8516 OF 2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondent Nos.2 and 3 in threatening to demolish and dispossess from my building property bearing Door No.9-3/11 of Gavara Jaggayapalemvari Street, Narava Village, Sattivanipalem Area, Greater Visakhapatnam Municipal Corporation, Visakhapatnam Limits, in TS /RS No.394/1 and 394/2 pursuant to the provisional order Notice No.169/1012/TPT/UC/2024 Dt.05.07.2024 under section 452-1 and 461-1 without considering my objections/explanation Dt.21.03.2025 as illegal, irregular, arbitrary, violation of the provisions of the Municipal Corporation Act, 1955 and The Andhra Pradesh Metropolitan Region And Urban Development Authorities Act, 2016 and Rules thereunder and also offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the provisional order in Notice No.69/1086/GVMC/UC/ 2025 Dt.17.03.2025 and pass such other orders....” 2. The petitioners were issued building permit No. 1086/3690/B/Z6/NVA/2022, dated 05.08.2022 for construction of individual residential building. As there was deviation from the sanctioned plan, a Provisional Notice was issued under Section 452(1) and 461(1) of A.P.Municipal Corporation Act and Section 86, 89(1 & 2), 90(1) of APMR and UDA Act-2016. As per Provisional Notice, there are certain violations on the setbacks and the building was being used for commercial purpose. The petitioners have submitted an explanation dated 21.03.2022 to the Respondent No.2. 3. The only apprehension of the petitioners are that without passing any order passed by the Respondent No.2 on the explanation submitted by the petitioners, the respondent authorities are likely to demolish the existing building. 4. Learned Standing Counsel for the respondents, on instructions submits that the respondents denied the aspect that they would not follow the due process of law, as prescribed under the Act. 5. Taking note of the submissions made by learned Standing Counsel for the respondents, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.04.2025 KK