r APHC010337962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18699 OF 2025 Between: Potiuri Imaniel, S/o. Ananda Rao, Aged 52 years, Occ: Doctor, R/o. 10/193(1) ABM Palem, Markapur, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravti, Guntur District. 2. The Markapur Municipality, Rep. by its Commissioner, Markapur, Prakasam District. 3. The SubCollector, Markapur, Prakasam District. 4. The Tahsildar, Markapur Mandal, Prakasam District. 5. The Director'of Town Planning, MGM Capital, Ground Floor, Near NRI Hospital, NH Flyover, Chinnakakani, Mangalagiri, Guntur District. 6. The Town Planning Officer, Markapur Municipality, Markapur, Prakasam District. 7. The Municipal Town Surveyor, Markapur Municipality, Markapur, Prakasam District. 'IT 8. Adimulapu Samsubhakar, Service, R/o. 10-203-14, College Road 9. AdimOlapu Syamala, W/o. R/o. 10-203-14, College Road, S/o. Johnson, Aged about L Markapur, Prakasam District. Samsubhakar, Aged 49 Years, . Markapur, Prakasam District. 56 years, Occ- ■ Occ-House Hold ...Respondents Petition under Article 226 of the Constitution of India in the affidavit filed therewith. praying that in the circumstances stated i pleased to issue the High Court may be a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 2 to 7 in not 10.02.2025 submitted initiating any steps - for removal of illegal and on petitionerb representation dated unauthorized construction of commercial building 3 in Sy.No- 256/2A1, Plot No- 256, of Constructed by 9th Respondent, comprising Cellar plus Stilt plus G plus Markapur, Prakasam District, without any vention of the regulations valid permission accorded by the 2'"'^ provisions of Andhra Pradesh Municipalities framed there respondent, i,, Act, 1965 rules and as Illegal, irregular, irrational and violative of the Statute and offends Articles '-''-'I I LI a m under, provisions of the said 14, 19 and 21 of consequently direct the respondents Nos- 2 to 7 to Constitution of India and demolish the said illegal and unauthorized other. commercial building, by appropriately coordinating with each lA NO: 1 OF 7091; Petition under Section 151 in the affidavit filed i CPC praying that in the circumstances stated in support of the petition, the High Court may be pleased to direct the may be pleased necessary submitted for removal Commercial Building comprising Cellar Respondent, in Sy. No; 256/2A1, Plot No respondents Nos: 2 to 7 to initiate s representation dated 10.02.2025 action on petitioner’ of the illegal and unauthorized + Stilt + ■ 256 of respondent to G + 3 Constructed by 9"' Markapur, Prakdsam District and consequently direct the 2'"'^ €r- demolish the said illegal and unauthorized Building constructed by 9 respondent, pending disposal of the main Writ Petition. th Counsel for the Petitioner: SRI PETLURI NAGA RAJU Counsel for the Respondents 1, 5 & 7: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C. BOSE, SC FOR MUNICIPALITIES Counsel for the Respondents 3 & 4: GP FOR REVENUE The Court made the following order: APHC010337962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 0;*‘0 u [3457] Between: 1.POTLURI IMANIEL, S/0. ANANDA RAO AGED 52 YEARS OCO- DISTR°CT MARKAPUR, PRAKASAM ...PETITIONER AND ' sECRFTARv®" PRADESH, , REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT ADMINISTRATION AND URBAN DEVELOPMENT' DEPARTMENT^ SECRETARIAT, VELAGAPUDI, AMARAVTI, GUNTUR DISTRICT. municipality, rep. by ITS COMMISSIONER MARKAPUR, PRAKASAM DISTRICT. MUNICIPAL 3.THE SUBCOLLECTOR, MARKAPUR, PRAKASAM 4.THE TAHSILDAR, MARKAPUR MANDAL, 5.THE DIRECTOR OF TOWN PLANNING, FLOOR, NEAR NRI HOSPITAL, i MANGALAGIRI, GUNTUR DISTRICT. 6.THE DISTRICT. PRAKASAM DISTRICT. MGM CAPITAL, GROUND NH FLYOVER, CHINNAKAKANI TOWN PLANNING OFFICER, MUNICIPALITY,MARKAPUR, PRAKASAM DISTRICT 7.THE MUNICIPAL TOWN SURVEYOR, MARKAPUR, PRAKASAM DISTRICT. MARKAPUR MARKAPUR MUNICIPALITY, 2 8.ADIMULAPU SAMSUBHAKAR, S/0. JOHNSON AGED ABOUT 56 YEARS, OCC- SERVICE, MARKAPUR, PRAKASAM DISTRICT. R/0. 10-203-14, COLLEGE ROAD, 9.ADIMULAPU SYAMALA, W/0. SAMSUBHAKAR AGED- 49 YEARS, OCC-HOUSE HOLD R/0. 10-203-14, COLLEGE ROAD, MARKAPUR, PRAKASAM DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.PETLURI NAGA RAJU Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The petitioner is aggrieved by the inaction on the part of respondent Nos. 2 to 7 in taking action against the illegal and unauthorized construction by respondent Nos. 8 and 9. 2. The learned Standing Counsel submitted written instructions i ' by respondent Nos. 7 and 8 Scheme (BPS) in the year 2019. Further building in Survey No. 256 i^ \ permission was obtained for Town Surveyor found that the Survey No. 256. It is also stated 2 ^ respondent that the building applicant and (LTP) misrepresented facts the petitioner. appearing for the 2“ respondent has informing this Court that the illegal construction was regularized under the Building Penalization insofar as the construction of the IS concerned, it is submitted that building construction in Survey No. 253/B2. Upon building was constructed in verification, the in the written instructions by the the Licensed Technical Person which led to the regularization of the building of 3. It is also submitted that the 2 Sub-Collector, Markapur, land classification report from the Tahsilda against the construction of Respondent Nos. after receipt of the report. nd respondent has addressed a letter to the on 24.02.2025, calling for a detailed inspection and r. Markapur, and that further action 8 and 9 would be initiated soon 4. Needless to say, the respondent authorities survey inspection and land classification shall complete the proposed detailed report by duly issuing notice to the petitioner and the unofficial respondents, as well as by giving an opportunity of personal hearing to respondent Nos. 8 and 9. The entire exercise shall be completed within a period of three (03) months from the date of receipt of a copy of this order. 5. Accordingly, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. AS SI ST A ASSISTANT REG/STRAR //TRUE COPY// / To, 1- The Principal Secretary to the and Urban Development Secretariat, Velagapudi, Amaravati, 2. The Commissioner, District. 3. The Sub-Collector, Markapur, Prakasam District, 4. The Tahsildar, Markapur Mandal, 5. The Director of Town Planning, : Hospital, NH Flyover, Chinnakakani 6. The Town Planning Officer, District. ' Government, Municipal Administration Department State of Guntur District. Markapur Municipality, Andhra Pradesh Markapur, Prakasam Prakasam District. MGM Capital, Ground Floor i, Mangalagiri, Guntur District. Markapur Municipality,Markapur, Prakasam Near NRI T. The Municipal Town Prakasam District. 8. One CC to Sri Petiuri Naga 9. One CC to Sri A.S.C. r Two CCs to GP for Surveyor, Markapur Municipality, Markapur, Raju, Advocate fOPUCJ Bose, SC for Municipalities [OPUCJ Revenue, High Court 10. of Andhra Pradesh [OUT] 11. Two CCs to ‘ Development, High Court Two CD Copies GP for Municipal Administration of Andhra Pradesh [OUT] & Urban 12. ram HtGH COURT DATED:28/07/2025 ORDER WP NO. 18699 OF 2025 g( 18 AUG 2025 intS«ctioijXV DISPOSING OF THE WP WITHOUT COSTS