APHC010236292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) -Ol 30% MONDAY,THE TWENTY EIGHTH DAY OF JULY .C>// TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19325 OF 2Q2fi Between: Manda Vijayamma, W/o Vijaya Rao, Aged about 45 years R/o 5-6- 59/39/4, Tammina Krishna Street, Vijayawada, NTR District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by its Principal Municipal Administration and Secretary, Urban Development Authority Department, Secretariat, Amaravathi, Guntur District. 2. The Vijayawada Municipal Corporation, Represented by Commissioner, Canal Road, Krishna Lanka, Vijayawada-520 001. 3. Katikala Matta Grishilda, W/o Matta Ravikumar, Aged about 50 Oqc. Teacher, R/o 5-6-59/99 its years, near Sai Ram Theatre, Ambedkar Nagar, Chitti Nagar, Vijayawada, NTR District- 520 001. 4. Katikala Vasanth, S/o Galib, Aged about 45 years, R/o 5- Thammina Krishna Street, near Sai Ram Vijaywada, NTR District-520 001. 6-59/98, Theatre, Lambadipet, ...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 a Writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of Respondent unauthorized and illegal structures raised by the Respondent No.3 and 4 in D.No.5-6-59/98 and D.No.5-6-59/99 situated at Tammina Krishna Street, Vijayawada. NTR District in violation of No. 1073/0282/BA/MC/LAM/2018 N0.1073/0388/BA/MC/LAM/2020 dated 24.06.2020 No.2 in demolishing Building Permit 05.03.2018 dated and as per se illegal, manifestly arbitrary, unreasonable and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and in utter violation of Principles of Natural Justice besides being contrary to the provisions contemplated Hyderabad Municipal Corporation Act, 1955, Andhra Pradesh Municipal Corporation Act, 1994 and Andhra Pradesh Municipalities Act, 1965 and under Rules made there under. lA 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 direct the Respondent No.2 consider Petitioner’s representation dated 16.04.2025. Counsel for the Petitioner: M/S AVANIJA INUGANTI Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent No.2: SRI A S C BOSE, SC FOR MUNCIPAL CORPORATIONS Counsel for the Respondent Nos.3 to 4: NONE APPEARED The Court made the following order: APHC010236292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 1 MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19325/2025 Between: 1.MANDA VIJAYAMMA, W/0 VIJAYA RAO, AGED ABOUT 45 YEARS R/0 5-6-59/39/4, TAMMINA KRISHNA STREET, VIJAYAWADA, NTR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AUTHORITY DEPARTMENT, SECRETARIAT, AMARAVATHI,GUNTURDISTRICT. 2.THE VIJAYAWADA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, CANAL ROAD, KRISHNA LANKA, VIJAYAWADA-520 001. 3.KATIKALA MATTA GRISHILDA, W/0 MATTA RAVIKUMAR, AGED ABOUT 50 YEARS, OCC. TEACHER, R/0 5-6-59/99, NEAR SAI RAM THEATRE, AMBEDKAR NAGAR, CHITTI NACAR, VIJAYAWADA, NTR DISTRICT-520 001. 4.KATIKALA VASANTH, S/0 GALIB, AGED ABOUT 45 YEARS, R/0 5- 6-59/98, THAMMINA KRISHNA STREET, NEAR SAI RAM THEATRE, LAMBADIPET, VIJAYWADA, NTR DISTRICT-520 001. ...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 2 pleased topleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the inaction of Respondent No.2 in demolishing unauthorized and illegal structures raised by the Respondent No.3 and 4 i D.No.5-6-59/98 and D.No.5-6-59/99 situated Vijayawada, No. 1073/0282/BA/MC/LAM/2018 N0.1073/0388/BA/MC/LAM/2020 dated 24.06.2020 in at Tammina Krishna Street, Building Permit 05.03.2018 NTR District in violation of dated and as per se illegal, manifestly arbitrary, unreasonable and violative of Articles 14, 19, 21 300-A of the Constitution of India and in utter violation of Principles of Natural Justice besides being contrary to the provisions contemplated Hyderabad Municipal Corporation Act, 1955, Andhra Pradesh and under Municipal Corporation Act, 1994 and Andhra Pradesh Municipalities Act, -c 1965 and Rules made thereunder and pass lA 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 Pleased to direct the Respondent No.2 consider Petitioner’s representation dated 16.04.2025 and pass Counsel for the Petitioner: 1.AVANIJAINUGANTI Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on part of the 2"*^ respondent in taking action against the unauthorized and illegal structures raised by the respondent Nos.3 and 4. It is submitted that the petitioner’s property is abutting the property of respondent Nos.3 and 4 and that on account of the illegal qonstruction, the petitioner has lost ventilation and air circulation. Therefore, a representation was submitted on 17.04.2025 to the 2"^ respondent. It is submitted that though the representation was made, no further action has been initiated by the 2’^^ respondent. 2. Learned Standing Counsel appearing for the 2"^^ respondent, on written instructions, submits that no building permission was obtained by the owner of the building in which the petitioner is residing as tenant and that respondent Nos.3 and 4 have obtained building permissions from the 2 respondent to construct residential buildings, and that there is no commercial /' A ^ activity. It is submitted that the respondent building was regularized under \ BPS scheme. nd Learned Standing Counsel further submits that the petitioner is a tenant of the property, and that the owner of the said property had earlier filed a Writ Petition against the S’’"' respondent and the 3'"' respondent has also filed Writ Petition against the petitioner’s building owner, initiated proceedings through the tenant by the owner of the property. 3. 4 4. Learned Standing Counsel further submits that petitioner is abutting the property of petitioner also has not obtained that the petitioner has also the property of the respondent Nos.3 and 4, and that the any permission for constructing the house and not left any setbacks petitioner is below 100 Sq.yards and that about 100 Sq.yards. Therefore, when the as the property of the the respondent Nos.3 and 4 petitioner has not left any setbacks he may not be justified in insisting the neighbors to ieave setbacks tor buildings. are the 5. Considering the small petitioner and respondent Nos.3 and 4, extent of the properties owned by the this Court is not inclined to interfere in the present Writ Petition. However, it is left open for the 2"^^ respondent to initiate steps as and when required. 6. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- N NAGAMMA ASSISTANT REGISTRAR 7. //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Authority Department, Secretariat. Amaravathi, Guntur District. 2. The Commissioner, Vijayawada Municipal Corporation, Canal Road, Krishna Lanka, Vijayawada-520 001. 3. One CC to Sri. Avanija Inuganti, Advocate [OPUC] 4. Two CCs to GP For Municipal Admn and Urban Dev, High Court Andhra Pradesh.[OUT]. 5. One CC to Sri A S C Bose, SC for Municipal Corporations, Advocate [OPUCj. 6. Two CD Copies. of AL HIGH COURT DATED:28/07/2025 ORDER WP NO. 19325 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS