IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 42 OF 2025 Between: Mothukuru Subbarayudu, S/o. Late Lakshmaiah Aged about 40 years, Occ Corporator, R/o. D.No.1/1250, Y.M.Palli, New Sivalayam, Kadapa City, Y.S.R District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep., by its Principal Secretary Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Kadapa Municipal Corporation, Kadapa Y.S.R District, rep., by its Commissioner. ...RESPONDENTS 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 or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondent No.2 in trying to pull down the construction raised by the petitioner in the Plot No.25 admeasuring an extent of Ac.0.04 cents in Sy.No.637/2 of Chemmumiya Peta Village, Yerramukkapalli Street, 1st Ward, Kadapa Town, Y.S.R District, without considering the application, dated 10.05.2023 submitted by him for grant of building permission as is provided under Section 455-A of the Greater Hyderabad Municipal Corporation Act, 1955 as arbitrary, illegal and contrary to the well established legal principles apart from being violative of the fundamental and the Constitutional rights guaranteed to him under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.2 to regularize the construction raised by the petitioner in the Plot No.25 admeasuring an extent of Ac.0.04 cents in Sy.No.637/2 of Chemmumiya Peta Village, Yerramukkapalli Street, 1st Ward, Kadapa Town, Y.S.R District by setting aside the Confirmation Order, dated 17.05.2023 issued by him. 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 pleased to direct the respondent No.2 not to demolish the building constructed by the petitioner in the Plot No.25 admeasuring an extent of Sy.No.637/2 of Chemmumiya Peta Village, Ac.0.04 cents in Yerramukkapalli Street, 1st Ward, Kadapa Town, Y.S.R District by suspending the Confirmation Order, dated 17.05.2023 issued by him , pending disposal of the above Writ Petition. 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 respondent No.2 to consider the application, dated 10.05.2023 submitted by the petitioner for regularization of the building constructed by me in the Plot No.25 admeasuring an extent of Ac.0.04 cents in Sy.No.637/2 of Chemmumiya Peta Village, Yerramukkapalli Street, 1st Ward, Kadapa Town, Y.S.R District, pending disposal of the above Writ Petition. Counsel for the Petltioner(s): SRI. V R REDDY KOWURI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No.2 : SRI AS C BOSE The Court made the following: ORDER 1 APHC010001502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] f f FRIDAY ,THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 42/2025 Between: Mothukuru Subbarayudu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VR REDDY KOVVURl Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: ORDER: The case of the petitioner is that he purchased the land, in an extent of Ac.0.04 cents in Sy.No.637/2 of Yerramukkapalli Street, Ward Kadapa Town, YSR District through sale deed dated 07.01.2023 registered document No.540 of 2023, from one Chinthrakunta Amruthavalli Sampath Kumar and another. Since then he is possession and enjoyment of the subject property. Thereafter, he constructed a residential building in the subject land. as While so, the respondent No.2 issued a provisional order in Notice No.313/1013/KDP/UC/2023, dated 10.05.2023, stating that an unauthorized construction is being taken up by the petitioner in the Plot No.25 contrary to the provision of APMC Act and APMR & UDA Act. Immediately after receiving the said notice dated 10.05.2023, the petitioner submitted an application on the same day to respondent No.2 under Section 455-A of the Act, 1955 seeking regularization of the unauthorized construction. The petitioner also 2. paid a sum of Rs.3,000/- as the construction was already completed by the date of provisional notice as well as the confirmation orders. Despite the petitioner's application seeking approval of the building plan or regularization of the construction, respondent No.2 has not considered the request. However, pending the said application for regularization, on 31.12.2024, the authorities of respondent No.2 all of a sudden arrived at the subject house and directed the petitioner to demolish the building within two days, as per the confirmation orders dated 17.05.2023. Hence, the writ petition. 3 3. Heard Sri V.R.Reddy Kovvuri, learned counsel for the petitioner. Sri ASC Bose, learned Standing Counsel appearing for respondent No.2, has furnished a copy of instructions dated 02.01.2025, of the 4. respondent No.2, wherein it is stated that a Provisional Order vide 313/1013/KDP/UC/2023 dated 10.05.2023 was issued to the petitioner. However, no explanation has been received from the petitioner, nor he has altered the construction or applied for building permission. Therefore, the office issued a Confirmation Order vide 313/1013/KDP/UC/2023 dated 17.05.2023. Although the petitioner has paid an application fee of Rs.3,000/- through RC/2455/2023, which is only an initial payment. After scrutiny, it was found that the petitioner is required to pay the building approval fees through the APDPMS website, as mandated by the AP Government. Only after that payment, the office will receive the application for regularization but the petitioner herein even without making the said payment as mandated has approached this Hon’ble Court. 5. It is further stated that as a state policy, ever since the inception of APDPMS online portal for disposal of building applications i.e., from 2016 onwards all the building applications are being dealt through the APDPMS online portal and the petitioner has not submitted building plans through APDPMS online portal, except payment of building application processing charges, the petitioner has not paid all categories of fees and charges as required under condition (a) of the Section 455(A) of APMC Act. The V I \ construction on building rules i terms of all round widening to the consideration for APMC Act, 1955. ground is not in conformity to the all 119 MA&UD dept, dated surrendered affected parameters laid down iin in force i.e., G.O.Ms.No. r 28.03.2017 in setbacks, part of the site under cannot be taken into road respondent corporation and therefore. approval as per Condition (b) of the Section 455 (A) of C Payment of penalty C equivalent ot thirty three (33%) of the • various categories of fees and charges in addition to the regular fee and other are constructed in charges is applicable for building rules and the 's not satisfying with the 1955. the buildings that un authorized conformity to the out by the petitioner 455 (A) of APMC Act construction carried condition (c) of the Section 6. On such submissions made by the learned Standing Counsel the learned counsel for the petitioner has stated that the petitioner iIS ready to pay under Condition (a) of the charges as against the other Section 455 (A) of APMC categories as required Act through APDPMS online portal. 7. In view of the same, the Writ Petition i IS disposed of, by d application through APDPMS irecting the petitioner to submit building online portal by duly as required under Condition paying the requisite processing charges Section 455 (A) of APMC Of receipt of said application, action shall be initialed as (a) of from the date Act, within a period of two (02) weeks copy of this order. Thereafter, respondent No.2 shall weeks. Until such time impugned Confirmati process the within a period of four (04) no further on Order Notice against the i / / 5 NO.313/1013/KDP/UC/2023, dated 17.05.2023 issued by respondent No.2. No costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTlgkfel^FICER To, 1. The Principal Secretary Municipal Administration Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner, Kadapa Municipal Corporation, Kadapa Y S R District, One CC to Sri. V R Reddy Kovvuri, Advocate [OPUC] Two CCs to GP For Muncipal Admn Urban Dev ,High Court Of Andhra Pradesh. [OUT] One CC to Sri A S C Bose, Advocate [OPUCj. Three CD Copies 2. 3. 4. 5. 6. AL HIGH COURT DATED:03/01/2025 ORDER ^OF ANoTt^ WP.No.42 of 2025 f? ,,g 2 k JAN 2025 Co ^ Current Section . ^ DISPOSING OF THE WP WITHOUT COSTS