IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) ^ THURSDAY ,THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT /j THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13421 OF 2025 / Between: 1. Yuvajana Sharamika Rythu Congress Party (YSRCP) by its., The District President, PerniVenkataRamaiahNani, Age 57 years, R/o.23/346, Ramanaidupeta, Machilipatnam, Krishna District Andhra Pradesh - 534003. ' 2. Perni Venkata Ramaiah Nani, S/o. Late Sri Perni Krishna Murthy Aged about 57 years, R/o.23/346, Ramanaidupeta, Machilipatnam, Krishna District Andhra Pradesh - 534003. Rep ...PETITIONERS AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration AND Urban Development (MA AND U) Department, Secretariat, Velagapudi,Amaravathi, Guntur District. 2. The District Collector, Machilipatnam, Krishna District Andhra Pradesh. 3. The Machilipatnam Municipal Corporation, Rep by its Commissioner, Machilipatnam KrishnaDistrict, Andhra Pradesh. 4. The Machilipatnam Urban Development Authority, Rep by its Vice Chairman, Machilipatnam, Krishna District, Andhra Pradesh. /• ...RESPONDENTS 1 —H-,: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 to issue a Writ, Order Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of Respondent No.3 in issuing the impugned Confirmation Order bearing Roc. NO.02/1070/MTM/2025, dated 09.05.2025, directing demolition within seven (7) days of the erected building structure situated at R.S. No. 371- A1, S.W. No. IV, Edepalli area, Machilipatnam Town, within the limits of the Machilipatnam Municipal Corporation, as arbitrary, unilateral, politically motivated, violative of the principles of natural justice, and infringing upon the fundamental rights guaranteed Under Articles 14, 19(1)(c), 21, and 300- A of the Constitution of India and as being in violation of the orders passed in W.P. No. 13396 of 2024 and Batch, dated 04.07.2024, and in contravention of the provisions of the A.P. Metropolitan Region and Urban Development Authorities Act, 201^; the A.P. Building Rules, 2017, and the A.P. Municipal Corporations Act, 1955 and consequently, it is prayed that this Hon'ble Court may be pleased^6 set aside the impugned Confirmation Order issued by Respondent dated 09.05.2025. 3 vide Roc. No. 02/1070/MTM/2025 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 STAY of all further proceedings pursuant to the impugned Confirmation Order issued by the Respondent.No.3 Roc.No.02/1070/MTM/2025, dated 09.05.2025 and/or pass vide lA NO: 2 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 n i.1 # pleased to direct the Respondents herein, not to demolish the erected building structure situated at R.S.No.371-A1, S.W.No.lV situated at Edepalli Machilipatnam Town within the Machilipatnam Municipal Corporation limits. Counsel for the Petitioner(s): SRI. Y NAGI REDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION ( Counsel for the Respondent No.4; SRI S GANESH BABU The Court made the following: ORDER Mi .r APHC010274452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 wm [3506] THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13421/2025 Between: Yuvajana Sharamika Rythu Congress Party (YSRCP) and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1.YNAG1 REDDY Counsel for the Respondent(S) 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “to issue a Writ. Order Direction, more particularly one in the nature of a Writ of Mandamus’, declaring the action of Respondent No.3 in issuing the impugned Confirmation Order bearing Roc.No.02/1070/MTM/2025 directing demolition within seven (7) days of the erected building structure situated at R.S.No.371-A1, S.W. No.lV, Edepalli area, Machilipatnam Town, within the limits of the Machilipatnam Municipal Corporation, as arbitrary, unilateral, politically motivated, violative of the principles of natural justice, and infringing upon the fundamental fights guaranteed under Articles 14, 19{1)(c), 21, and 300-A of the Constitution of India and as being in violation of the orders passed in W.P.No.13396 of 2024 and Batch, dated 04.07.2024, and in contravention of the provisions of the A.P. Metropolitan Region and Urban Development Authorities Act, 2016, the A.P. Building Rules, 2017, dated 09.05.2025, and the A.P. Municipal Corporations Act, 1955 and consequently, it is prayed that this Hon'ble Court may be pleased to set aside the impugned Confirmation Order issued by Respondent No.3 vide Roc.No.02/1070/MTM/2025, dated C)9.05.2025, and/or pass such order or order(s).... Heard Sri Y. Nagi Reddy, learned counsel for the petitioners, learned Government Pleader for Municipal Administration for respondent No.1, learned Government Pleader for Revenue for respondent No.2, Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporation/respond ent No.3 and Sri Ganesh Babu, learned counsel for the respondent No.4. 2. 3. Sri A.S.C.Bose, learned Standing Counsel for respondent No.3 has placed written instructions on record, stating that the respondent No.3 has t .'fci decided to withdraw the provisional notice vide Roc.No.2482/2024/G2, dated 26.06.2024 and consequential confirmation order vide Roc.No.02/1070/ MTM/2025 dated 09.05.2025, with liberty to issue fresh notice, if need be. V there. In view of the aforesaid statement made in the written instructions, as the respondent No.3 has decided to withdraw the impugned confirmation order as well as the provisional notice, cause in the writ petition does not 4. survive. Therefore, the Writ Petition: shall stand closed, with liberty to the respondents, if need arises to issue fresh notices by following due process of law. There shall be no order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- K J RAJA BABU ASSISTANl REGISTRAR //TRUE COPY// CTION OFFICER To 1. OneCCto Sri. Y Nagi Reddy, Advocate [OPUC] GP For Muncipal Admn Urban Dev .High Court Of Andhra I 2. Two CCs to Pradesh. [OUT] ^ 3. Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT]. 4. One CC to Sri A.S.C.Bose, SC for Municipal Corporation [OPUC]. 5. One CC to Sri S Ganesh Babu, Advocate [OPUC]. / 6. Three CD Copies AL HIGH COURT DATED: 15/05/2025 VACATION COURT ORDER WP.No.13421 of 2025 X 16 MAY 2025 ^ Current aecuon ^ CLOSING THE W.P. WITHOUT COSTS