1 HN, J W.P.No.14971_2021 APHC010259992021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14971/2021 Between: 1. A.V.V.N.PRASAD REDDY,, S/O. A.THOTAYYA REDDY, AGE 58 YEARS, R/O. D.NO.38-40-13, 104 AREA, MARRIPALEM, VISAKHAPATNAM TOWN AND DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT'S PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP. BY ITS COMMISSIONER. 3. THE CMD, APEPDCL CORPORATE OFFICE, C/O.50-27-5/ 1, TPT COLONY, SEETHAMMADHARA, VISAKHAPATNAM TOWN AND DISTRICT. 4. THE EXECUTIVE ENGINEER, OPERATIONS, APEPDCL, MARRIPALEM OPERATIONS DIVISION, VISAKHAPATNAM 'TOWN AND DISTRICT. ...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 topleased to issue an appropriate writ, order or direction, more 2 HN, J W.P.No.14971_2021 particularly one in the nature of writ of Mandamus, declaring the action of respondents 2 to 4 in resorting to issue occupancy certificate and power supply connection to the unfinished/incomplete building/apartment situated in the petitioner premises in Sy.No.43/ 14 admeasuring 862.22 sq. yards situated in Kapparda Village, 104 area, Visakhapatnam Town 86 District even though the construction activity of Stilt PLUS ground PLUS 4 upper floors is not completed in accordance with the sanctioned plan issued by the 2nd respondent and without considering the representations/ objections, dt.22.06.2021 and 18.07.2021 submitted by the petitioner., as illegal, arbitrary and unconstitutional and consequently direct the respondents 2 to 4 not to issue occupancy certificate and not to grant power connection supply until completion of the total building construction activity in consonance with the sanctioned plan issued by the 2nd respondent strictly in accordance with law., and pass IA NO: 1 OF 2021 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 respondents 2 to 4 to consider the objections/representations dt.22.06.2021 and 18.07.2021 submitted to them by the petitioner before issuing the occupancy certificate and power supply connection to the unfinished/incomplete building/apartment situated in the petitioner premises in Sy.No.43/ 14 admeasuring 862.22 sq. yards situated in Kapparda Village, 104 area, Visakhapatnam Town and District., pending disposal of the above Writ Petition and pass IA NO: 2 OF 2021 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 permit the petitioner to implead the proposed respondent as party respondent no.5 in Wp. 14971/2021 and as well as in IA. 1/2021 and pass Counsel for the Petitioner: 1. G VENKATA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.14971_2021 The Court made the following Order: 1. It is submitted that the writ petition was filed when the building was in a semi-furnished stage of construction. During the pendency of the writ petition, the building has been completed in all respects and has also been occupied. Insofar as the issuance of the occupancy certificate is concerned, no application has been received from any of the occupants of the apartment. However, if the 2nd respondent receives applications from the Building Owners’ Association or from independent owners of the plots, the same shall be considered, subject to satisfaction of all other requirements for the issuance of the occupancy certification. 2. Recording the same, the present writ petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 07.08.2025 NKA 4 HN, J W.P.No.14971_2021 159 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.14971 of 2021 Date: 11.08.2025 NKA