APHC010257492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12644/2024 Between: Sir C V Raman Educational Society and Others ...PETITIONER(S) AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.12644 of 2024 O R DE R: The present writ petition is filed questioning the notice dated 18.06.2024 issued by Respondent No.2 calling upon the Petitioners to submit Structural Stability Certificate as illegal and arbitrary. 2. The facts leading to the filing of this writ petition are as follows: The 1st Petitioner is an Educational Society registered under Societies Registration Act. It had established Sir C.V.Raman Junior College and Sir C.V.Raman Degree College at Tadipatri, Anantapur District in the year 1997, offering Intermediate and Degree courses to students. It is stated that the total strength of the college is about 1,234 apart from 73 teaching and non-teaching members. The college is located in a building owned by the 2nd Petitioner at Sy.No.739-A, 740-A, 740-C, 741-A in Reddyvari Palem, Putlur Road, Thadipatri. The building is said to have been constructed pursuant to the building plan vide proceedings in B.A.No.14/2007, dated 02.03.2007. The 1st 3 Petitioner had taken the premises on lease from the 2nd Petitioner. 3. While so, a notice was issued on 18.06.2024 by Respondent No.2, calling upon the Petitioners to provide Structural Stability Certificate, approved plan, building plan for the construction pursuant to the building plan No.B.A 14/07, dated 02.03.2007 and copy of building plan for constructions made over and above the above mentioned building plan, certificate of fire safely regulations, permissions to run college in the said premises i.e. Sir C.V.Raman Junior and Degree college and Sri Krishnadevaraya University from the Regional Inspector Officer Board of Intermediate etc. Till the aforesaid documents are submitted, it was informed to Petitioners to shift the college to another safe building. Hence, the present writ petition is filed questioning the notice on the ground that there is no statutory basis for issuance of the impugned notice among other grounds. 4. Heard Sri G.L.Nageswara Rao, learned counsel for the Petitioners and Standing Counsel for the Municipality. 5. During the pendency of the writ petition, the Petitioners filed Structural Stability Certificate issued by JNTU Hyderabad along 4 with photographs while conducting the test vide USR No.53171/2025 dated 09.05.2025. The counsel for the Petitioners submits that the Petitioner No.1 had approached JNTU Hyderabad to issue Structural Soundness Certificate for the building in question and accordingly Sri B. Siva Konda Reddy, Professor of Civil Engineering Department, JNTUH and his team had visited the site on 26.092024 and after verifying and checking structural drawings and after conducting tests at some locations in the building opined that the building is structurally sound and is stable. 6. Though no counter affidavit was filed by the Respondent- authorities, the learned counsel for the Respondents passed on written instructions signed by the Commissioner, Tadipathri Municipality. As per the written instructions, the 2nd Petitioner had taken permission for construction of G + 2 floors, but had raised two unauthorized additional floors and that though the building permission was taken for residential purpose, the same is being used for running private college. It was also stated that the building was said to be not fit for running a college as per the certificate issued by the Executive Engineer, R&B Department, Ananthapuramu on 19.06.2024. 5 7. It is also further stated that Regional Inspection Officer, Board of Intermediate Education had issued a show cause notice dated 20.06.2024 not to run the college in the building in view of the opinion expressed by the Executive Engineer, R&B Department regarding the structural stability of the building. A reference was also made to the Municipal Council resolution vide CR.No.467 dated 26.06.2024 and requested the college management to shift the college to another building and construct a new building in the same place keeping in view the safety of the students and surrounding residential habitants. 8. Learned counsel for the Petitioners submits that in view of the Structural Stability Certificate having been issued by a reputed institution like JNTUH, there need not be any doubt regarding structural safety of the building in question. Learned counsel further submits that on 12.04.2022, the Petitioners had issued NOC for Occupancy to Educational building for the building in question from the State Disaster Response and Fire Services Department and the same is valid for a period of five (5) years. Therefore, counsel for the Petitioners submits that the impugned notice to the extent of doubting the Structural Stability cannot be sustained. Learned counsel for the Petitioners further 6 submitted that the report of the JNTUH and the letter dated 24.09.2024 referred supra would establish the structural stability and that the present proceedings are issued with ulterior reasons. 9. As regards construction of the two upper floors without any approved plan, using the building in question for running college after obtaining permission for residential building, the counsel for the Petitioners would submit that necessary steps in that regard would be taken by the Petitioners to seek for revision of the building plan. 10. Learned standing counsel for the Respondents-Corporation reiterated the facts mentioned in the written instructions and contended that the action was initiated only after receiving report regarding structural safety from the Executive Engineer and the same is bona fide. 11. Having heard the respective counsel, now the issue that fall for consideration is, whether the building in question is structurally sound or not. 12. The certificate of Executive Engineer R&B Department dated 19.06.2024 relied upon by the Respondent-authority does not mention any tests having conducted apart from usual 7 inspection of the subject premises. However, the JNTUH, after verifying and checking the available structural drawings and based on NDT test (like UPV and Rebound Hammer test) which were conducted at some locations of the building concluded that the building is structurally sound, safe and stable. 13. As there are two conflicting views regarding the structural stability of the building in question, this Court is of the opinion that the writ petition can be disposed of with following directions: (a) The Petitioners shall submit the Structural Soundness Certificate of the JNTUH for the building in question and all the documents mentioned in the impugned notice, before the Respondent-Authority within a period of four weeks from the date of receipt of a copy of the order. (b) The Respondent-authority shall examine the Structural Soundness Certificate issued by the JNTUH dated 24.09.2024 and other documents submitted by the Petitioners and take necessary steps in that regard within a period of six weeks thereafter. (d) In the event the Respondent-authority intends to take further action on the structural soundness of the building in question, the 8 Respondent-authority shall take opinion from a reputed institution and take further action, if so required. (e) Till such time, the impugned order to the extent of directing the Petitioners to shift the junior and degree college to another building shall not be insisted upon. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 26.06.2025 KLP