IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12239 OF 2n?d AMARAVATI Between: G. Naga Rama Shankar, S/o.Rameshwar Rao Anapurna Nursing Home Street, Tanuku, AP Door No 34-11-1 ...PETITIONER AND 1. The State of Andhra Pradesh, through its Principal Secretary, Municipal Administration and Urban Development Department (MAUD), A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Tanuku Municipality, Rep by the Commissioner, Tanuku Godavari District, A.P 3. Sanda Pakeer Babu, S/o. Venkata Rao, Hindu East aged 63 years, R/o D.No.34-18-5/1, Flat No.G-1, Sai Sunitha Residency, Vankavari Street Tanuku Town, West Godavari District 4. Pedamallu Subhadra Nagaratnam, W/o P.Ranga Nayaka Murthy, Hindu, aged 55 years, R/o D.No.34-18-5/1, Flat No.G-2, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. 5. Kapila Venkata Ramana Kumar, S/o Kapila Venkata Ramabhadra, Hindu, aged 54 years, R/o D.No.34-18-5/1, Flat No.101, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. 6. Chunduri Surya Narayana, S/o Samba Murthy, Hindu, aged 67 years, R/o D.No.34-18-5/1, Flat No. 102, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. % 7. Jagata Srinivasu, S/o Jagata Ramarao, Hindu, aged 55 years, R/o D.No.34-18-5/1, Flat No.202, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. H (RR 3 to 7 are impleaded as per the Court’s order dt. 06.02.2025 in lA 03/2024 in Writ Petition and affidavit) ...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 a Writ, Order or Direction more particularly one in the nature of Writ Mandamus, declaring the impugned proceedings Confirmation Order Notice No.25/1081/TNK/UC/2024 dt.24.05.2024 and the consequential proceedings Notice No.25/1081/TNK/UC/2024 dated 03/06/2024 issued by the 2"^^ respondent for demolishing the shops in the stilt floor situated in Door No 34-11-1 Anapurna Nursing Home Street Ward, Tanuku without considering the reply dt 31/5/2024 is illegal, arbitrary against to principles of natural justice and contrary to facts and may 23 consequentially direct the second respondent to consider the reply to the notice and convert the stilt area into commercial by receiving the necessary amount as considered in other cases in the same area. lA NO: 1 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 2"^^ respondent not to demolish the shops in the stilt floor situated Door No:34-11-1 Anapurna Nursing Home Street, 23 Ward, Tanuku , pending disposal of the above writ petition. 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 suspend impugned proceedings confirmation Order Notice No. 25/1081/TNK/UC/2024 dt.24.05.2024 and the consequential proceedings Notice NO.25/1081/TNK/UC/2024 dated 03/06/2024 issued by the 2 respondent pending disposal of the writ petition. nd lA NO: 4 OF 2024 Between: 1. Sanda Pakeer Babu, S/o. Venkata Rao, Hindu, aged 63 years, R/o D.No.34-18-5/1, Flat No.G-1, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District 2. Pedamallu Subhadra Nagaratnam, W/o P.Ranga Nayaka Murthy, Hindu, aged 55 years, R/o D.No.34-18-5/1, Flat No.G-2, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. 3. Kapila Venkata Ramana Kumar, S/o Kapila Venkata Ramabhadra, Hindu, aged 54 years, R/o D.No.34-18-5/1, Flat No. 101, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. 4. Chunduri Surya Narayana, S/o Samba Murthy, Hindu, aged 67 years, R/o D.No.34-18-5/1, Flat No. 102, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. 5. Jagata Srinivasu, S/o Jagata Ramarao, Hindu, aged 55 years, R/o D.No.34-18-5/1, Flat No.202, Sai Sunitha Residency, Vankavari Street, Tanuku Town, West Godavari District. ...PETITIONERS/ PROPOSED RESPONDENTS 3 TO 7 AND 1. G. Naga Rama Shankar, S/o. Late.Rameshwar Rao, Door No 34-11-1, Anapurna Nursing Home Street, Tanuku, West Godavari District. ...WRIT PETITIONER - % 2. The State of Andhra Pradesh, through its Principal Secretary, Municipal Administration and Urban Development Department (MAUD), A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Tanuku Municipality, Rep by the Commissioner, Tanuku, West Godavari District, A.P ...RESPONDENTS 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 Interim Orders dt.06-06-2024 granted by this Hon’ble Court in I.A.No.1 of 2024 in W.P.No.12239 of 2024, until further orders of this Hon'ble Court pending disposal of Writ Petition. Counsel for the Petitioner: SRI T. S. VENKATARAMANA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.3 to 7:SRI P. RAJESH BABU The Court made the following: ORDER 1 % APHC010245882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12239/2024 Between; ...PETITIONER G.Naga Rama Shankar AND ...RESPONDENT(S) The State of Andhra Pradesh and another Counsel for the Petitioner: 1 .T S VENKATARAMANA Counsel for the Respondent{S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities The Court made the following: 2 % 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 particuiariy one in the nature of Writ Mandamus, deciaring the impugned proceedings Confirmation Order Notice No.25/1081/TNK/UC/2024 dated 24.05.2024 and the consequentiai proceedings Notice NO.25/1081/TNK/UC/2024 dated 03.06.2024 issued by the 2 respondent for demoiishing the shops in the stiit floor situated in Door No.34-11-1, Anapurna Nursing Home Street, 23 Ward, Tanuku without considering the reply dated 31.05.2024 is illegal, arbitrary against to principles of natural justice and contrary to facts and consequentially direct the second respondent to consider the reply to the notice and convert the stilt area into commercial by receiving the necessary amount as considered in other cases in the same area ...” nd The contention of the petitioner is that the 2'^'^ respondent issued the impugned notice dated 24.05.2024, directing the petitioner to submit his explanation within a period of seven days from the date of receipt of the notice, as to why the deviation/violation of construction should not be removed/altered, or pulled down. The petitioner submitted his explanation on 31.05.2024 through registered post, which was received by the respondent 2. authorities on 03.06.2024. The further contention of the petitioner is that without considering the said explanation, the respondent authorities have issued the Confirmation Order dated 03.06.2024. Therefore, the petitioner has filed this writ petition. Heard learned counsel for the petitioner and the learned Government 3. Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for Municipalities for respondent No.2. 3 On perusal of the material papers filed by the petitioner, it can be seen that the petitioner has submitted his explanation on 31.05.2024 to the Provisional Notice dated 24.05.2024, which was received by the respondent authorities on 03.06.2024. But, however, without considering the said explanation, the respondent authorities have issued the Confirmation Order dated 03.06.2024. Taking into consideration the said fact, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to consider the explanation dated 31.05.2024 submitted by the petitioner, which was received by the respondents on 03.06.2024. Thereafter, the respondent authorities shall conduct an enquiry by giving a notice to the petitioner as well as unofficial respondents No.3 to 7, and proceed further in accordance with law. In view of the same, the Confirmation Order dated 03.06.2024 is set 4. 5. 6. aside. Accordingly, the Writ Petition is disposed of. There shall be no order as 7. to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration AND Urban Development Department (MAUD), State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Tanuku Municipality, Tanuku, East Godavari District., A.P 3. One CC to Sri T. S. Venkataramana, Advocate [OPUC] 4. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 5. One CC to Sri P. Rajesh Babu, Advocate[OPUC] 6. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb \ HIGH COURT DATED:06/02/2025 ORDER WP.No.12239 of 2024 5 0 5 MAR 2025 sv . Current Section DISPOSING OF THE W.P. WITHOUT COSTS