^^^4 ‘ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27258 OF 2013 Between: Y. Yella Reddy, S/o Y. Subba Reddy, Aged about 55 years, Occ Business R/o H.No.87-545, Srinagar Colony, Nandyal Road, Kurnool Kurnool District. ...Petitioner AND 1. The Kurnool Municipal Corporation, Kurnool, Kurnool District Rep by its Commissioner ^ 2. The City Planner, Town Planning Department, Kurnool Municipal Corporation, Kurnool - 518 002. 3. U. Keshava Reddy, S/o not known to petitioner. Aged about 53 years Occ; Business, R/o 87-544, Srinagar Colony, Kurnool, Kurnool District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue writ order or direction especially one in the Nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in not taking steps against the 3'^'^ respondent against the illegal construction made in House bearing No.87-544, Srinagar Colony, Nandyal Road, Kurnool, even after written complaint/representation made by the petitioner on 17-11-2012 as illegal, arbitrary and highhanded and principles of natural justice and also violation of GO Ms.No.168 dt. 07-04- 2012 and consequently direct the 1®‘ respondent to take immediate action against the illegal construction made by the 3^^ respondent and demolish the same if the construction is illegal and contrary to the rules. may against the w I.A. NO: 2 OF 2013(WPMP. NO: 33768 OF 2013) 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 3'^'^ respondent not to proceed with the construction in premises bearing No. 87-544, Srinagar Colony, Nandyal Road, Kurnool, pending disposal of the main writ petition. I.A. NO: 1 OF 2013(WVMP. NO: 4005 OF 2013) Between: U. Keshava Reddy, S/o not known to petitioner. Aged about 55 years, Occ: Bank Service, R/o 87-544, Srinagar Colony, Kurnool, Kurnoo District. ...Petitioner AND 1. The Kurnool Municipal Corporation, Kurnool, Kurnool District Rep. by its Commissioner. ...Respondent No.1 2. The City Planner, Town Planning Department, Kurnool Municipal Corporation, Kurnool - 518 002. ...Respondent No.2 3. Y. Yella Reddy, S/o Y. Subba Reddy, Aged about 55 years, Occ: Business, R/o H.No.87-545, Srinagar Colony, Nandyal Road, Kurnool Kurnool District. ...Respondent No.3/Petitioner 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 orders passed in W.P.M.P.No.33768/2013 in W.P. No. 27258/2013, Dt.19.9.2013 by this Hon'ble High Court by dismissing the writ petition with exemplary costs. JiJ I.A. NO: 2 OF 2014(WPMP. NO: 35976 OF 2014) 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 expedite the hearing as an early date in WP No. 27258 of 2013, in the interest of Justice Counsel for the Petitioner: SRI K V RAGHU VEER Counsel for the Respondents 1 & 2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondent No.3: SRI TATA SINGAIAH GOUD The Court made the following order: ft APHC010201602013 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: 27258/2013 Between: Y. Yella Reddy, ...PETITIONER AND The Kurnool Municipal Corporation and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.KVRAGHU VEER Counsel for the Respondent(S): 1 .TATA SINGAIAH GOUD 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 fo ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;- “....fo issue an appropriate Writ, order or direction especially one in the Nature of Writ of Mandamus declaring the action of the respondents 1 and 2 in not taking steps against the respondent against the illegal construction made in House bearing No.87-544, Srinagar Colony, Nandyal Road, Kurnool, after written complaint/representation made by the petitioner on even 17.11.2012 as illegal, arbitrary and highhanded and against the principles of natural justice and also violation of GO.Ms.No.168 dt.07.04.2012 and consequently direct the respondent to take immediate action against the illegal construction made by the 3'^ respondent and demolish the same if the construction and pass.... When the matter came up for admission on 19.09.2013, this Court 2. passed the following interim order: ... .Interim directions as prayed for. Heard learned counsel for the petitioner and learned Standing counsel 3. appearing for the respondent No.1. 4. Today, when the matter came up for hearing, learned Standing Counsel of proceedings vide Lr.Rc.No.4388/2013/G2, dated furnished a copy 20.01.2025, issued by the Commissioner, Kurnool Municipal Corporation, Kurnool, wherein it is stated that as per the records available in their office, the respondent No.3 has applied in B.A.No.237/2012-G1 for construction of G+1 (Ground floor and one additional floor) and the same was approved on w 3 H' 18.10.2012. But the respondent No.3 has constructed two additional floors in addition to the sanctioned plan unauthorisedly and also made deviations to the sanctioned plan without leaving any setbacks as per rules. On a complaint raised by the petitioner, a notice was given to the respondent No.3 on 20.03.2013 under Sections 452(1) and 462(1) of Municipal Corporation Act 1955 for demolition of the unauthorized construction and thereafter another notice was given on 20.08.2013 under Sections 452(2) and 462(2) of Municipal Corporation Act, 1955. 5. As per the aforementioned interim order, the respondent No.3 has paid penalization charges to their office for raising the second and third floor constructions without waiting for the formal sanction of building permission. Accordingly, the respondent No.3 vide proceedings No.BPS/KUR/MO/87/577815, dated 20.04.2016, has got regularized his building through BPS-2015 scheme and as on today the building construction is also completed. 6. Duly considering the fact that the respondent No.3 got regularized the illegal constructions made vide proceedings No.BPS/KUR/MO/87/577 815 dated 20.04.2016. Interim order granted by this Court on 19.09.2013 was also vacated by this Court on 31.12.2013. This Court, do not find any ground to interfere in the Writ Petition. Accordingly the writ petition is dismissed. There shall be no order as to 7. costs. 4 & Miscellaneous petitions pending, if any, in this Writ Petition shall stand Sd/- P.VINOD KUMAR assistant registrar closed. //TRUE COPY// SECTION OFFICER To, One CC to Sri K V Raghu Veer, Advocate [OPUC] One CC to Sri Tata Singaiah Goud, Advocate [OPUC] One CC to Sri A S C Bose, (SC for Municipal Corporations) [OPUC] Two CD Copies 1. 2. 3. 4. RAM HIGH COURT DATED:22/01/2025 ORDER * n MAR aw M §> . Current aetuon ^ ^i®espATC'5^ WP.No.27258 of 2013 DISMISSING THE WP WITHOUT COSTS