APHC010262482016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14094/2016 Between: B. Krishna Murthy, and another ...PETITIONER(S) AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. A GIRIDHAR RAO Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 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 a direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not disposing of the application dated 10.09.2014 for building permission over our private land (house site plot) in Survey No.482, situated at Ward No.18, Shanthi Nagar, (Govindaiah Nagar), Tirupati, Chittoor District, as being arbitrary, illegal and unreasonable and contrary to the provisions of Municipal Corporation Act and violative of Articles 21 and 300-A of the Constitution of India and issue a consequential direction directing the respondents to consider and dispose of the said application in accordance with law and pass such further order or other orders …...” 2. Today, when the matter is taken up for hearing, the respondent Nos.2 to 4 have furnished copy of the instructions of the Deputy City Planner, Municipal Corporation, Tirupati wherein it was stated that the site in Sy.No.482, Tirupati Municipal Ward No.18, Shanthi Nagar, Govindaiah Nagar falls in residential area. The petitioners have constructed stilt + 5 upper floors apartment building unauthorizedly. Building permission was not granted to the petitioners as the petitioners have failed to pay total building fees and they have also not produced requisite documents. Accordingly, an endorsement was issued vide B.A.No.2014-TP-BAG2-0098 dated 19.01.2015. Thereafter, the petitioners have again applied for building permission through online with B.A.No.1012/0445/B/TIR/GN/2017 dated 09.11.2017. But, again the building approval was rejected on the ground that the petitioners have failed to furnish requisite documents such as structural designs and structural stability certificate etc. It was further stated that the petitioners have constructed the 3 building under deemed provisions duly deviating the plan submitted by them and constructed one additional floor. Therefore, an endorsement vide No.EDS/1012/2017/1173 dated 08.07.2020 and stop work order No.SWO/1012/2017/1167 dated 08.07.2020 were issued to the petitioners to stop the work and for removal of deviated portion of structure and for removal of the additional floor. However, due to pendency of the present writ petition, the respondents could not proceed further. 3. In view of the instructions furnished by the respondent Nos.2 to 4, instead of going into merits, the writ petition is disposed of directing the respondents to initiate further action in pursuance of the stop work order No.SWO/1012/2017/1167 dated 08.07.2020 after giving fresh notice to the petitioner by duly following due process of law. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 09.01.2025 KGR