APHC010229172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12074/2025 Between: 1. MALEPATI RADHARAM, , S/O LATE MUNNIRAMAIAH, AGED ABOUT 56 YEARS, R/O D.NO.19/137, SILUMGARI STREET, BADVEL ROAD, MYDUKUR TOWN, YSR KADAPA, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MA AND UD, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE MYDUKUR MUNICIPALITY, REP BY ITS COMMISSIONER, MYDUKUR TOWN, YSR KADAPA. ...RESPONDENT(S): 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 an appropriate Writ or order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the action of Respondent 2 No.2 herein in issuing Endorsement Bearing R.O.C.No.116/2025/G1, Dt.15.04.2025 and thereby rejecting the Request of the Petitioner herein for Conversion of Building Permission bearing B.A.No.1164/0033/B/MYD/NR/2023 from Residential to Commercial, without assigning proper reasons and without proper application of mind as being illegal, arbitrary, unjust, violative of Articles 14, 21 and 300A of the Constitution of India, violative of Principles of Natural Justice, violative of the provisions of the Andhra Pradesh Municipalities Act, 1965 and Consequently to set-aside the Endorsement Bearing R.O.C.No.116/2025/G1, Dt.15.04.2025 issued by the Respondent No.2 and further direct the Respondent No.2 to consider the Request of the Petitioner herein -for Conversion of Building Permission bearing B.A.No.1164/0033/B/MYD/NR/2023 from Residential to Commercial and pass such other order. IA NO: 1 OF 2025 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 stay all further Proceedings pursuant to Endorsement bearing R.O.C,No.116/2025/G1 Dt. 15.04.2025 issued by the Respondent No.2 and pass such other order. Counsel for the Petitioner: 1. N ASHWANI KUMAR Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.12074 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in issuing Endorsement vide R.O.C.No.116/2025/G1, dated 15.04.2025 and thereby rejecting the request of the Petitioner for conversion of Building Permission bearing B.A.No.1164/ 0033/ B/ MYD/ NR/ 2023 from ‘Residential’ to ‘Commercial’, without assigning any specific reasons, as illegal and arbitrary. 2. After hearing the learned counsel for the Petitioner, the learned Standing Counsel for Respondent No.2-Municipality passed on a show cause notice issued to the Petitioner vide Roc.No.03/G1/2025, dated 09.07.2025 to show cause as to why the building permission should not be rejected, as there are civil disputes over the property. A copy of the same is also furnished to the counsel for the Petitioner. 3. In view of the subsequent Show Cause Notice, dated 09.07.2025, the Endorsement dated 15.04.2025 can be considered only after determination pursuant to the show cause notice. 4. Therefore, the Writ Petition is closed leaving it open to the Petitioner to re-agitate the impugned endorsement dated 15.04.2025 at later point of time. 4 5. No order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 11.07.2025 IS 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.12074 of 2025 Date: 11.07.2025 IS