APHC010341392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17314/2025 Between: 1. SRI VIVEKANANDA WHOLE SALE CLOTH MERCHANTS (OWNERS) ASSOCIATION, REP. BY ITS PRESIDENT B. CHENNA KRISHNAIAH, S/O. LATE BORRA CHENDRAYUDU, AGED ABOUT 55 YEARS, R/O. SWAMY VIVEKANANDA ROAD, PRODDATUR, KADAPA DISTRICT, ANDHRA PRADESH- 516361. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE AMARAVATI, ANDHRA PRADESH. 2. PRODDATUR MUNICIPALITY, REP BY ITS COMMISSIONER, KADAPA DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER:- The petitioner is an association of Wholesale Cloth Merchants at Proddatur. The 2nd respondent was issued proceedings dated 04.06.2025 which were issued in the form of final orders, basing on the earlier notices issued by the 2nd respondent. 2. A complaint was received by the 2nd respondent from one Sri C. Raja Shekar Reddy, alleging that the petitioner had constructed one room on the ground floor in the generator and first floor for a shop, which could violate the area earmarked for parking as per the layout sanctioned in the year 1985. 3. The learned counsel for the petitioner submits that the petitioner had purchased the said complex in the year 1987 and subsequently has been utilizing the area earmarked for parking as per the sanctioned plan. Subsequently, the petitioner purchased an extent of 345 square yards in the year 1989 and provided additional parking area for the use of the complex. To address power cuts and ensure uninterrupted power supply, a generator was set up and a room was constructed for the generator in the parking slot which was originally earmarked for parking while grant of permission in the year 1985. 4. It is submitted that the additional parking area was provided after the purchase of the 345 square yards in the year 1989. As such, it is submitted that the area occupied by the small room to protect the generator has been amply compensated by providing additional parking area and that though, 3 there was no interruption in parking. The complaint lodged by some third party is acted upon the 2nd respondent. 5. The learned Standing Counsel for the 2nd respondent submits that the final orders were passed after the petitioner did not attend the survey which was scheduled on 19.05.2025. 6. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 2nd respondent. 7. The additional parking area provided by the petitioner was not part of the sanctioned layout in the year 1985. The room which is constructed for protecting the generator is occupying only a portion of the parking area, which has been adequately compensated by the petitioner by providing additional parking in an area admeasuring 345 square yards. 8. Considering that the complex adjoins the Proddatur to Chagalamarri main road, the 2nd respondent is directed not to disturb the generator room constructed in the parking area by the petitioner, duly taking into consideration, the additional parking provided by the petitioner. 9. With the above directions, this Writ Petition is disposed off. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dt: 15.07.2025 SR