f V.', IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 11785 OF 2024 Between: Smt. Y. Lalitha Kumar, W/o. Late Y. Bala Subramanyam, aged about 70 years, Occ: House wife R/o. D.No.18-2-275/A4, Ashok Nagar, Abbanna Colony, Road No.2, Tirupati, Tirupati District. Y. Aditya Kumar, S/o. Late Y. Bala Subramanyam, aged about 35 years, Occ: Student, R/o. D.No.18-2-275/A4, Ashok Nagar, Abbanna Colony, Road No.2, Tirupati, Tirupati District. 1. 2. ...PETITIONERS AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Guntur District. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. The State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner of Survey Settlements and Land Records, Andhra Pradesh, Vijayawada. The District Collector, Tirupati, Tirupati District Joint Collector-cum-Settlement Officer, Tirupati, Tirupati District. The Revenue Divisional Officer, Tirupati Urban Mandal, Tirupati District. The Tahsildar, Tirupati Urban Mandal, Tirupati District. The Superintendent of Police, Tirupati Urban Mandal, Tirupati District. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.The Circle Inspector, Tirupati Urban Mandal, Tirupati District. is?is % T 11 .The Tirupati Urban Development Authority (TUDA), Rep. by its Vice- Chairman (FAC), Tirupati Urban Mandal, Tirupati District. ^ 12.The Commissioner, Municipal Corporation, Tirupati Urban Mandal, Tirupati District. 13.The Chief Urban Planner, Tirupati Urban Mandal, Tirupati District. 14.The Assistant Planning Officer, Tirupati Urban Mandal, Tirupati District. IS.S.Koteswara Rao, S/o. Late S.Eswaraiah Aged about 54 years, R/o. D.No.2-123, Yerra Mitta, Rajiv Gandhi Panchayat, Tirupati Urban Mandal, Tirupati 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 may be pleased to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus, to declare the inaction of Official Respondents in taking steps on illegal and unauthorized construction activity carried out by the Respondent No. 15 in the premises admeasuring Ac.0.38 Cts in Sy.No. 105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District as per se illegal, manifestly arbitrary, capricious, unreasonable, colorable exercise of power, abuse of process of law, whimsical, null and void, unreasonable, capricious, vindictive and contrary to Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, Municipal Corporations Act, 1955, Andhra Pradesh Municipalities Act, 1965, Andhra Pradesh Capital Region Development Act, 2014 and Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules 2019 besides being opposed to the very spirits and nature of doctrines of lis pendens, insubordination. Articles 14, 19, 21 and 300-A of the Constitution of India and consequently to direct the Official Respondents to stop the Respondent No. 15 from making illegal and unauthorized construction in the premises admeasuring Ac.0.38 Cts in Sy.No. 105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District. ' lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Official Respondents to desist the illegal and unauthorized construction activity carried out by the Respondent No. 15 in in the premises admeasuring Ac.0.38 Cts in Sy.No.105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District. lA NO: 2 OF 2024 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 Official Respondents to consider Petitioners’ representation dated 22.04.2024. Counsel for the Petitioners : SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos. 2, 4 to 8 : GP FOR REVENUE Counsel for the Respondent Nos.3, 9 & 10 : GP FOR HOME Counsel for the Respondent No.11: SRI MUNI REDDY PERURU, SC FOR TUDA Counsel for the Respondent Nos.12 to 14 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY Counsel for the Respondent No.15 : SRI PAWAN KUMAR MALAPATI The Court made the following; ORDER APHC010235512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE TWENTYTHIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11785/2024 Between: Smt. Y. Lalitha Kumar, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petltioner(S): 1. AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR REVENUE 4. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 5.PAWAN KUMAR MALAPATI 6.MUNI REDDY PERURU (SC FOR TUDA) The Court made the following: ...RESPONDENT(S) ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue an appropriate writ, order or direction preferably a Writ in the nature of Mandamus, to declare the inaction of Official Respondents in taking steps on illegal and unauthorized construction activity carried out by the Respondent No. 15 in the premises admeasuring Ac.0.38 Cts in Sy.No. 105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District as per se illegal, manifestly arbitrary, capricious, unreasonable, colorable exercise of power, abuse of process of law, whimsical, null and void, unreasonable, capricious, vindictive and contrary to Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, Municipal Corporations Act, 1955, Andhra Pradesh Municipalities Act, 1965, Andhra Pradesh Capital Region Development Act, 2014 and Andhra Pradesh Regulation and Penalization of Buildings Unauthorizedly and in Deviation to the Sanctioned Plan Rules 2019 besides being opposed to the very spirits and nature of doctrines of lis pendens, insubordination. Articles 14, 19, 21 and 300-A of the Constitution of India and Constructed consequently to direct the Official Respondents to stop the Respondent No. 15 from making illegal and unauthorized construction in the premises admeasuring Ac.0.38 Cts in Sy.No. 105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District and to pass....” 2. The action of the official respondents in not taking steps on the illegal and unauthorized constructions carried out by the 15^^ respondent in the land to an extent of Acs.0.38 cents in Sy.No. 105/10 situated at Akkarampalli Village, Tirupati Urban, Chittoor District is being challenging in the present writ petition. II Heard learned counsel for the petitioners, Mr. A.S.C. Bose, learned Standing Counsel and learned Government Pleader for Revenue. 3. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the Deputy City Planner, Tirupati Municipal Corporation, dated 22.01.2025, wherein it is stated 4. that in pursuance of the orders passed by this Court in W.P.No.11785 of 2024, the Deputy City Planner has issued a provisional notice dated 09.05.2024 and a confirmation notice dated 20.05.2024 to S. Shiva Kumar, instructing to stop unauthorized construction. The said notices have been served to pull down the said building which was constructed up to plinth level. However, the 15 respondent, blatantly has gone ahead and completed construction and has started using the ground floor for commercial purpose and the first floor for residential purpose. Therefore, provisional notice dated 02.01.2025, confirmation notice dated 09.01.2025 and also final speaking order dated 16.01.2025 has been issued to stop using the building and to vacate the premises and to pull down the building. It is also stated that further lawful action will be taken as per APMC Act, 1955. 1 th In view of the fact that the respondents have issued provisional notice and confirmation notice to the 15'^ respondent, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities to take further course of action in pursuance of the speaking orders dated 16.01.2025, in accordance with 5. law. Accordingly, this writ petition is disposed of. There shall be no 6. order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// \ ' SECTiON OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravati, Guntur District. r ;»{k' 4. The Commissioner of Survey Settlements and Land Records, Andhra Pradesh, Vijayawada. 5. The District Collector, Tirupati, Tirupati District 6. The Joint Collector-cum-Settlement Officer, Tirupati, Tirupati District. 7. The Revenue Divisional Officer, Tirupati Urban Mandal, Tirupati District. 8. The Tahsildar, Tirupati Urban Mandal, Tirupati District. 9. The Superintendent of Police, Tirupati Urban Mandal, Tirupati District. lO.The Circle Inspector, Tirupati Urban Mandal, Tirupati District. 11 .The Tirupati Urban Development Authority (TUDA), Rep. by its Vice- Chairman (FAC), Tirupati Urban Mandal, Tirupati District. 12.The Commissioner, Muncipal Corporation, Tirupati Urban Mandal, Tirupati District. 13.The Chief Urban Planner, Tirupati Urban Mandal, Tirupati District. 14.The Assistant Planning Officer, Tirupati Urban Mandal, Tirupati District. 15.0ne CC to Sri Akula Sri Krishna Sai Bhargav, Advocate [OPUC] le.Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] 17.TWO CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 18. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 19. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 20.One CC to Sri Muni Reddy, SC for TUDA (OPUC) 21 .One CC to Srin Pawan Kumar Malapati, Advocate (OPUC) 22. Three C.D. Copies. Cnr HIGH COURT \ \ DATED:23/01/2025 ORDER WP.No.11785 of 2024 X 15 FEB 2023 .t Current Sectloji ^ DISPOSING OF THE W.P. WITHOUT COSTS