y • If APHC010312482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY jK TWO THOUSAND AND TWENTY FIVE Ig PRESENT \ THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16602 OF 2Q2fi 10? Between: Smt. Malla Anuradha,, W/o. M. Jagadeeswara Rao, H.No- 58-20- 43, APSEB Colony, Buchiraju Palem, NAD Kotha Road, Visakhapatnann-530027. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Administration and Urban Development Secretariat Municipal Velagapudi, (M) Department, State of Andhra Pradesh Amaravati, Andhra Pradesh 2, The Greater Visakhapatnam Municipal Corporation, Commissioner, situated at RTC Complex, Visakhapatnam. 3. The Visakhapatnam Metropolitan Region Development Authority Planning Department rep., by its Town rep., by its Commissioner, situated at Siripuram Junction, Visakhapatnam. 4. The Assistant City Planner, Zone-VIII, GVMC, Visakhapatnam. 5. The District Collector, Maharani Peta, Visakhapatnam 6. The Mandal Revenue Officer, Mandal Revenue Visakhapatnam. Office, Gopalapatnam ...RESPONDENTS of India praying that in the the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith. pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 in threatening to demolish my building consisting of Stilt plus Ground Floor plus 2 upper floors constructed vide building permit NO.1086/0904/B/Z8/BEM/2023, Dt 31.07.2024 situated at premises No.58-20- 43 in plot bearing No. 12, Seetharamaraju Nagar, Zone-8, Butchurajupaiem, Visakhapatnam City and disposes me from the above property, without issuing any notice, without giving me an opportunity of being heard, without passing any order and without following any due process of law as illegal, arbitrary, unjust and against the principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of Constitution of India and to consequently, direct the respondents not to demolish the above building and disposes from the above respective house property excepting under due process of me law. 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 pass an interim order directing the respondents not to demolish my above building and disposes me from my respective house property vide premises No.58-20-43 in plot bearing No. 12, Seetharamaraju Nagar, Zone-8 Butchurajupaiem, Visakhapatnam City, during the pendency of this Writ Petition pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. S. S. NARAYANA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTARTION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 4: SRI A.S.C.BOSE, SC FOR GVMC Counsel for the Respondent No.3: SRI S. GANESH BABU, SC FOR VMRD Counsel for the Respondent Nos.5 & 6: GP FOR REVENUE The Court made the following order: APHC010312482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] 1 TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16602/2025 Between; 1.SMT. MALLA ANURADHA,, W/0. M. JAGADEESWARA RAO, H.NO- 58-20- 43, APSEB COLONY, BUCHIRAJU PALEM, NAD KOTHAROAD, VISAKHAPATNANN-530027. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION SECRETARIAT, DEVELOPMENT (M) DEPARTMENT, STATE OF ANDHRA AND URBAN VELAGAPUDI, PRADESH AMARAVATI, ANDHRA PRADESH MUNICIPAL VISAKHAPATNAM GREATER CORPORATION, REP., BY ITS COMMISSIONER, SITUATED AT RTC COMPLEX, VISAKHAPATNAM. 2.THE REGION PLANNING VISAKHAPATNAM METROPOLITAN AUTHORITY, TOWN 3.THE DEVELOPMENT DEPARTMENT, REP., BY ITS COMMISSIONER, SITUATED AT SIRIPURAM JUNCTION, VISAKHAPATNAM. 4.THE ASSISTANT CITY PLANNER, ZONE-VIII, GVMC, VISAKHAPATNAM. 2 5.THE DISTRICT COLLECTOR, MAHARANI VISAKHAPATNAM PETA, 6.THE MANDAL REVENUE OFFICER, MANDAL REVENUE OFFICE, GOPALAPATNAM, VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner: 1.KSS NARAYANA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16602 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in threatening to demolish the building consisting of Stilt + Ground Floor + 2 Upper Floors constructed vide Permit NO.1086/0904/B/Z8/BEM/2023, dated 31.07.2024 Premises No.58-20-43 ■ in situated at Plot No. 12, Seetharamaraju Nagar, Zone-8, Buthurajupalem, Visakhapatnam City, without issuing any notice or affording any opportunity of hearing to the Petitioner, as illegal and arbitrary. 2. The learned Standing Counsel for the Respondent authority on instructions submits that provisional notice was issued on 07.09.2024 and confirmation order was passed on 07.10.2024 and therefore the plea of the Petitioner that no notices were issued cannot be sustained. 3. The learned counsel for the Petitioner disputes the receipt of notices. 2 4. As the receipt of notices and correctness of the facts order referred mentioned in the above, are not the the opinion that the Petitioner assailing the same. provisional notice and confirmation subject matter of this Writ Petition, can file an independent Writ this Court is of Petition 5. Therefore, the Writ Petition i IS disposed of leaving it open to in the independent Writ Petition. the Petitioner to challenge the same i As the counsel for the Petitioner expresses apprehension of above, the Respondent quo for a period of to file independent Writ demolition pursuant to the notices referred are directed to authorities maintain status »en (10) days only, ,o enable the Petitioner Petition. 6. No order as to costs. 7. As a sequel, pending applications. '■f any, shall stand closed. SD/- N NAGAMMA ASSISTANT REGISTRAR jl //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development, State of Andhra Pradesh, Secretariat, Velagapudi, (M) Department, State of Andhra Pradesh Amaravati, Andhra Pradesh 2. The Commissioner, Greater Visakhapatna situated at RTC Complex, Visakhapatnam. 3. The Commissioner, Visakhapatnam Metropolitan Region Development Authority, Town Planning Department, situated at Siripuram Junction, Visakhapatnam. Municipal Administration and Urban Municipal Corporation, m V a. 4. The Assistant City Planner, Zone-VIII, GVMC, Visakhapatnam. 5. The District Collector, Maharani Peta, Visakhapatnam 6. The Mandal Revenue Officer, Mandal Revenue Office, Gopalapatnam, Visakhapatnam. 7. One CC to Sri K. S. S. Narayana, Advocate [OPUC] 8. One CC to Sri S. Ganesh Babu, SC for VMRD[OPUC] 9. One CC to Sri A.S.C. Bose, SC for GVMC[OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 12. Two CD Copies. ssb t HIGH COURT DATED:08/07/2025 ORDER WP No.16602 OF 2025 & s( 2 5JUL 2025 «o rrontSectio DISPOSING OF THE W.P. WITHOUT COSTS