Kayala Dhanunjaya Rao, v. The State of Andhra Pradesh,
WP/14237/2025 · 2025-07-20
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20162 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20162 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
i*: APHC010282082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14237 OF 907^ Between:
1. Kayala Dhanunjaya Rao,, S/o K. Ramana, Aged about 52 No. 49-54-10/1/2/8, Flat No. 402, Layout, Seethammadhara, Visakhapatnam, Andhra years, R/o D. Prashanthi Sadan, Balayya Sastry Pradesh-530013. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District
2. Greater Visakhapatnam Municipal Corporation, Commissioner, Visakhapatnam, Visakhapatnam District Rep. by its ...Respondents Petition under Article 226 of the Constitution of India praying that in the the High Court may be more particularly one in the nature the Respondent No.2 in issuing 111/1086/GVMC/UC/2025 dated circumstances stated in the affidavit filed therewith pleased to issue a writ,
order or direction of writ of Mandamus declaring the action of Confirmation
Order vide Notice No. 05.06.2025 by not providing an opportunity of hearing by not considering the reply dated 27.05.2025 to the Provisional Order dated 22.05.2025 as illegal, arbitrary and violative of principles of natural justice and Articles 14 and 21 of
the Constitution of India and set-aside the said Confirmation Order dated
05.06.2025.
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 direct the respondents herein to stay of all further proceedings with regard to the Confirmation Order issued vide Notice No. 111/1086/GVMC/UC/2 025 dated 05.06.2025 pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI MANDALIKA KAVYA SUDHA Counsel for the Respondent Nos.1 & 2: GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following order:
APHC010282082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14237/2025 Between:
1.KAYALA DHANUNJAYA RAO,, S/0 K. RAMANA, AGED ABOUT 52 YEARS, R/0 D. NO. 49-54-10/1/2/8, FLAT NO. 402, PRASHANTHI SADAN, BALAYYA SASTRY LAYOUT VISAKHAPATNAM, ANDHRA PRADESH-530013. SEETHAMMADHARA, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.
2.GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, DISTRICT. URBAN VELAGAPUDI, VISAKHAPATNAM, VISAKHAPATNAM ...RESPONDENT(S): Counsel for the Petitioner:
1.MANDALIKA KAVYA SUDHA Counsel for the Respondent(S):
1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
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ORDER:- The petitioner is aggrieved by the impugned order dated 05.06.2025, whereby the 2'^'^ respondent has passed a confirmation order duly confirming that the petitioner has indulged in undertaking unauthorized construction and was called upon to bring down the unauthorized construction within a period of 07 days from the date of receipt of the notice. In the impugned order, it stated that the petitioner did not submit any reply to the show cause notice. was r i
2. The learned counsel for the petitioner submits that a reply dated 27.05.2025 was submitted to the show cause notice dated
22.05.2025. However, the same was not considered while passing the impugned order. Aggrieved by the impugned proceedings, the present writ petition is filed.
3. This Court, on 12.06.2025, granted stay of all further proceedings in pursuance of the impugned proceedings.
4. The learned Standing Counsel appearing for the 2^^^ respondent submits that the petitioner had admitted in his reply that an additional floor was constructed and that the petitioner intends to submit all documents if called upon, and is also willing to pay the additional amount for deviations.
5. Considering the submissions of the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2"^^ respondent, the impugned proceedings are hereby set aside. It is left to the 2^^^ respondent to duly consider the reply submitted by the petitioner along with additional
3 # documents or additional affidavit if any submitted by the petitioner and giving opportunity of hearing to the petitioner before passing final orders. Accordingly, this Writ Petition is disposed off. There shall be no order
6. as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration and Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam, Visakhapatnam District. One CC to Sri. Mandalika Kavya Sudha, Advocate [OPUC] Two CCs to GP For Municipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT], Two CD Copies. Urban
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T HIGH COURT DATED;21/07/2025
ORDER WP NO. 14237 OF 2025 I 0 I SEP 2025 a Cunenl Sccusn . ^ DISPOSING OF THE W.P. WITHOUT COSTS