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2025 DAILYLAW 25131 (AP)

YETURU ASHOK KUMAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/18477/2025 · 2025-07-17

Harinath N

body2025

Judgment text

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APHC010355572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18477 OF 2025 Between: Yetum Ashok Kumar Reddy, S/o. Yeturu Sudhakar Reddy Aged about 31 years, Occ: Business, R/o. H.No. 1-1-15, Near Hanuman Temple Junction, ‘ Venkataraopalli Atmakur, SPSR Nellore (D) ...Petitioner AND 1. The State of Andhra Pradesh, represented by Principal Secretary Municipal Administration Department, Amaravathi. 2. The Atmakur Municipality, Rep its Commissioner, Atmakur, SPSR Nellore A. P.Secretariat, Velagapudi (D). ...Respondents Petition under Article 226 of the Constitution of India is filed 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 one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, more particularly the 2^^^^ Respondent in repeatedly issuing endorsements under the name of provisional order and confirmation order Notice notices and vide U.C.No. 09/03/ATM K/2024 dated 06.08.2024, 17/1151/01/ATK(N)/UC/2024 dated 20.01.2025, confirmation order Notice No 17/1151/01/ATK(N)/UC/2024 dated 21.05.2025, endorsement vide Roc No. No 293/2025/G1 dated 21.05.2025, and endorsement Roc No. 293/2025/G1 dated 30.06.2025 as illegal, arbitrary, violative of principles of Natural Justice and violative of Articles 14 and 21 of the Constitution of India consequently direct the Respondents to issue building permission for my plot situated at Sy.No. 219-1-3, PLOT NO 25(PART), 26(PART). Anjana Gardens. Hanuman Junction- Bypass Road, Atmakur Town, Atmakur Municipality, S.P.S.R.Nellore (Dt). and lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of proceedings in U C No. 07/03/ATMK/2024 dated 06.08.2024, Notice No.18/1151/01/ATK(N)/UC/2024 dated 20.01.2025, confirmation order Notice No.18/1151/01/ATK(N)/UC/2024 dated 21.05.2025, endorsement vide Roc No. 293/2025/G1 dated 21.05.2025, endorsement vide Roc No.293/2025/G1 dated 29.05.2025 and endorsement Roc No. 293/2025/G1 dated 30.06.2025, with a further direction not to take coercive steps against the petitioner in relation to the building constructed in plot situated at Sy.No. 219-1-3, PLOT NO. 25(PART), 26(PART), Anjana Gardens, Hanuman Junction- Bypass Road, Atmakur Town, Atmakur Municipality, S.P.S.R.Nellore (Dt). Counsel for the Petitioners : SRI SUMANTH AMIRAPU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY The Court made the following order: 1 HNJ W.P.No.l8477_2025 APHC010355572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 0^ FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18477/2025 Between: 1.YETURU ASHOK KUMAR REDDY, S/0 YETURU SUDHAKAR REDDY AGED ABOUT 31 YEARS, OCC BUSINESS, R/0 H.NO. 1-1- 15, NEAR HANUMAN TEMPLE JUNCTION, VENKATARAOPALLI ATMAKUR, SPSR NELLORE (D) ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI AMARAVATHI. 2.THE ATMAKUR MUNICIPALITY ATMAKUR, SPSR NELLORE (D). SECRETARY, REP ITS COMMISSIONER ...RESPONDENT(S): 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 tomay be pleased to issue a writ, order or direction more particularly in the nature of WRIT OF MANDAMUS declaring the action of Respondents, more particularly the 2nd Respondent in repeatedly issuing notices and endorsements under the name of provisional order and confirmation order vide U.C.No. 09/03/ATMK/2024 dated 06.08.2024, Notice No 17/1151/01/ATK(N)/UC/2024 dated 20.01.2025, confirmation order Notice No 17/1151/01/ATK(N)/UC/2024 dated 21.05.2025, endorsement vide No. 293/2025/G1 dated 21.05.2025, and endorsement Roc No. 293/2025/G1 one the Roc 2 W.P.No.l8477_< - dated 30.06.2025 as illegal, arbitrary, violative of principles of Natural Justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to issue building permission for my plot situated at Sy.No. 219-1-3, PLOT NO 25(PART), 26(PART). Anjana Gardens. Hanuman Junction- Bypass Road, Atmakur Town, Atmakur Municipality, S.P.S.R.Nellore (Dt) and pass such 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 may be pleased to suspend the operation of proceedings in U C No. 07/03/ATMK/2024 dated 06.08.2024, Notice No;18/1151/01/ATK(N)/UC/2024 dated 20.01.2025, confirmation order Notice No;18/1151/01/ATK(N)/UC/2024 dated 21.05.2025 endorsement vide Roc I 21.05.2025, endorsement vide Roc No.293/2025/G1 endorsement Roc No. 293/2025/G1 dated 30.06.2025, with a further direction not to take coercive steps against the petitioner in relation to the building constructed in plot situated at Sy.No. 219-1-3. PLOT 26(PART), Anjana Gardens, Hanuman Junction- Bypass Town, Atmakur Municipality, S.P.S.R.Nellore (Dt) and pass such No. 293/2025/G1 dated dated 29.05.2025 and NO: 25(PART), Road, Atmakur Counsel for the Petitioner: 1.SUMANTH AMIRAPU Counsel for the Respondent(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following 3 x> HN, J W.P.No.18477 2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.18477 of 2025 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner applied for permission for construction of a building on 21.05.2025 and submitted all the required documents. However, the respondents have so far neither sanctioned nor rejected the permission for construction of the proposed building. It is submitted that the 2'^'^ respondent has been levying double the municipal taxes the 2"'^ respondent has classified the building of the petitioners unauthorized. as as 2. It is submitted that the 1 St respondent . had issued Lr.Roc.No.17/179/2021, duly informing all the concerned about the implementation of the instructions and the action to be taken against unauthorized buildings and layouts. It is submitted that clause (f) relates to imposing double the property tax, and it is to be collected ] annually. • 3. Heard. 4. The learned counsel appearing for the 2"'^ respondent submits that the petitioner has not submitted the requisite documents as the required for the grant of permission. 4 HN,, W.P.No.l8477_2021’^ 5. Considering the submissions of the learned counsel for the petitioner and the learned Standing counsel for the 2"'^ respondent, there shall be a direction to the 2'^'^ respondent not to take any coercive steps against the petitioner and an opportunity to be given to the petitioner for submitting a representation along with all the required documents for granting building permission. A further direction to the 2"^^ respondent to consider the said representation and the documents submitted and consider granting permission in accordance with law. 6. With the above directions, the writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- B. CHITTl JOSEPH ASSISTANT REGISTRAR //TRUE COPY// yir"' SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner, Atmakur Municipality, Atmakur, SPSR Nellore 3. One CC to Sri Sumanth Amirapu, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn & Urban Development, High Andhra Pradesh [OUT] 5. One CC to Sri G. Lakshmi Narayana, SC for Municipality (OPUC) 6. Two CD Copies (D). Court of Cnr HIGH COURT DATED:18/07/2025 ORDER WP NO. 18477 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS