IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) AMARAVATI day OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE WRIT PETITION NO: 14 OF 207.*^ V.SUJATHA Between: Mandapam Street, Chinna Chowk, Kadapa'c^ YSR K^dlpt orsfri'c?"" ...Petitioner AND Amaravati, Guntur District A.P. ^ Municipal Velagapu(ji MunidparCo“pSC^: Commissioner, Kadapa ...Respondents Petition under Article 226 of the Constitution Of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an Order or Direction may or Writ more particularly one in the nature of Writ of Mandamus NO.442/1013/KDP/UC/2024 dated 24. by declaring the impugned notice 12.2024 issued by the 2 nd respondent in respect of Door Number/Plot No.3/1219 Colony Street, Ward No.3 and 3/1220 of Cooperative Raja Reddy Street. Kadapa Municipal ' Corporation, YSR Kadapa District as to why the deviation/violation construction should not be removed/altered or pull down within seven (7) unconstitutional provisions of AP Municipal Corporation Act and directions issued by the Hon'ble Apex Court dated 13.11.2024 and days from the date of receipt of notice as illegal, arbitrary and contrary to the the in Civil Appeal No.295 of 2022 consequently to set aside the same. 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 not to take any coercive steps of demolition in any manner in respect of Door Number/Plot No.3/1219 and 3/1220 of Cooperative Colony Street, Ward No.3, Raja Reddy Street, Kadapa Municipal Corporation, YSR Kadapa District by suspending the impugned notice bearing No.442/1013/KDP/UC/ 2024 dated 24.12.2024, pending disposal of Writ Petition. Counsel for the Petitioner: SRI C PRAKASH REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, STANDING COUNSEL The Court made the following order: r APHC010000422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14/2025 Between: K. Jayasree ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.C PRAKASH REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief;- ■ fo Issue an order or direction or writ more particularly one in the nature of Writ of mandamus by declaring the impugned notice No:442/1013/KDP/UC/2024, dated 24.12.2024 issued by the 2"“^ respondent in respect of Door Number/Plot No. 3/1219 and 3/1220 of Cooperative Colony Street, Ward No. 3, Raja Reddy Street, Kadapa municipal Corporation, YSR Kadapa District as to why the deviation/violation construction should not be removed/altered or pull down within seven (7) days from the date of receipt of notice as Illegal, arbitrary, unconstitutional and contrary to the provisions of AP Municipal Corporation Act and the directions issued by the Hon’ble Apex Court in Civil Appeal No.295 of 2022 dated 13.11.2024 and consequently to set aside the same and to pass. " The petitioner was issued the impugned notice dated 24.12.2024 2. under Sections 452(1) and 461(1) of Municipal Corporation Act, 1955 and as per Sections 86, 89(1 &2), 91 of A.P. Metropolitan Region and Urban Development Act, 2016 alleging that the petitioner has carried out certain deviations/violations in contravention to the sanctioned plan and to the provisions of APMC Act, 1959 and APMR & UDA Act, 2016. Further, the petitioner was directed to stop further constructions forthwith and show sufficient cause as to why the violated construction should not be removed/altered or pull down within seven days from the date of receipt of the said notice. The said notice dated 24.12.2024 is under challenge on the sole 3. ground that the respondents have failed to give 15 days notice to the petitioner as per the guidelines framed by the Hon’ble Supreme Court of India in W.P.(Civil).No.295 of 2022 dated 13.11.2024. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development, Sri. A.S.C. Bose, learned Standing Counsel for respondent No.2. 4. During the course of arguments, learned counsel for the petitioner has stated that the respondents have failed to specify the details of the deviations made by the petitioner and also the extent of the deviation which is 5. permissible limit to be regularized by the respondents and that the respondents have also not fixed a date for giving personal hearing to the petitioner in accordance to the guidelines framed by the Hon’ble Supreme Court in Writ Petition (Civil) No.295 of 2022. 6. Learned Standing Counsel on the other hand has argued that though the petitioner was given seven (7) days of time as per the impugned notice dated 24.12.2024 for submitting her explanation, the petitioner, instead of submitting an explanation has straight away approached this Court. In view of the above submissions and keeping in view the guidelines 7. framed by the Hon’ble Supreme Court in Writ Petition (Civil) No.295 of 2022 instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioner herein to submit a detailed explanation to the impugned notice dated 24.12,2024 within a period of 15 days from today, duly submitting all the requisite documents. Subsequently, after considering the explanation submitted by the petitioner, if at all the respondents feel that the explanation submitted by the petitioner is not satisfactory, the petitioner shall be given an opportunity of hearing after issuing a notice. The said process shall be completed within a period of four (4) weeks from the date of receipt of explanation from the petitioner. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// 1^ ^ To, SECTION OFFICER The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P. The Commissioner, Kadapa Municipal Corporation, Kadapa Municipal Corporation, Kadapa. One CC to Sri C Prakash Reddy, Advocate [OPUC] One CC to Sri A.S.C.Bose, SC for Municipalities [OPUC] Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. RAM HIGH COURT >, ,• DATED:02/01/2025 ANO/y^ fE 2 0 JAN 2025 ORDER *2: to, ^ . Current Secwon ^ ^5s£fSPATCV^^5<^ WP.No.14 of 2025 DISPOSING OF THE WP WITHOUT COSTS