APHC010355582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos: 17862 AND 17881 OF 2025 WRIT PETITION NO: 17862 OF 2025 Between: Induru Somaskehar Reddy, S/o. Sri Ravindra Reddy, Aged about. 40 years. Occ: Business, R/o. H.No. 3/4/4/235,Panta Street, Atmakur. SPSR Nellore (D). ...Petitioner AND 1. The State of Andhra Pradesh, represented by Principal Secretary, Municipal Administration Department. A.P. Secretariat, Velagapudi, Amaravathi. 2. The Atmakur Municipality, Rep it's Commissioner, Atmakur, SPSR Nellore (D). ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, more particularly the 2^"^ Respondent in repeatedly issuing notices and endorsements under the name of provisional order and confirmation order vide U.C.No. 08/03/ATM K/2024 dated 06.08.2024. Notice No.16/1151/01/ATK(N)/UC/2024 dated 20.01.2025. confirmation order Notice No. 16/1151/01/ATK(N)/UC/2024 dated 21.05.2025, endorsement 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 as Illegal, arbitrary, violative of principles of Natural Justice and violative Articles 14 and 21 of the Constitution of India and 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, AtmakurTown, Atmakur Municipality, S.P.S.R. Nellore (Dt). vide Roc of consequently direct the lA NO: 1 OF 2025 Petition under Section 151 CPC 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 08/03/ATMK/2024 dated 06.08.2024,notice No;16/1151/01/ATK(N)/UC/2024 dated proceedings in U.C.No. 20.01.2025, 16/1151/01/ATK(N)/UC/2024 dated 21.05.2025, endorsement vide Roc 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 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, Anjana Gardens, Hanuman Junction- Bypass Road, AtmakurTown, Atmakur Municipality, S.P.S.R.Nellore(Dt). confirmation order Notice No: No. Counsel for the Petitioner: SRI SUMANTH AMIRAPU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY APHC010355592025 WRIT PETITION NO: 17881 OF 2025 Between: Yeturu Sudhakar Reddy, S/o. Late Sri Gopala Reddy, Aged about 66 years, Occ: Agriculture and Business, R/o. H.No. 1-1-15, Near Hanuman Temple Junction, Venkataraopalli, Atmakur, SPSR Nellore (D) ...Petitioner AND 1. The State of Andhra Pradesyh, represented by Principal Secretary, Velagapudi, Municipal Administration Department, A.P. Secretariat Amaravathi. 2. The Atmakur Municipality, Rep its Commissioner, Atmakur, SPSR Nellore (D) ...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 one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents, more particularly the 2"^^ Notices and endorsements under the name of provisional order and confirmation order vide U C No. 07/03/ATMK/2024 dated 08.2024, Notice No18/1151/01/ATK(N)/UC/2024 dated 20.01.2025, confirmation order Notice No18/1151/01/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 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, Bypass Road, Atmakur Town, Atmakur Municipality Hanuman Junction- S.P.S.R.Nellore (Dt). lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be suspend the operation of proceedings in U C No. pleased to 07/C3/ATMK/2024 dated 07.08.2024, Notice No:18/1151/01/ATK(N)/UC/2024 dated Notice20.01.2025, No; 18/1151/01/ATK(N)/UC/2024 21.05.2025, confirmation order dated 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 26(PART) PLOT NO; 25(PART), Anjana Gardens, Hanuman Junction- Bypass Road, Atmakur Town, Atmakur Municipality, S.P.S.R.Nellore (Dt). Counsel for the Petitioner; SRI SUMANTH AMIRAPU Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : SRI G. LAKSHMI NARAYANA, SC FOR MUNICIPALITY The Court made the following Common order: 4 1 HNJ W.P.Nos.17862 and 17881_2025 APHC010355582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17862/2025 and 17881/2025 WP.No. 17862 of 2025 Between: Induru Somaskehar Reddy ...PETITIONER AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SUMANTH AMIRAPU Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP WP.No.17881 of 2025 Between: Yeturu Sudhakar Reddy ...PETITIONER AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.SUMANTH AMIRAPU Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following 2 HN,J W.P.Nos.17862 and 17881 2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.17862 and 17881/2025 COMMON ORDER : The learned counsel appearing for the petitioners in both the writ 1. petitions submits that the petitioners applied for permission for construction of a building on 17.02.2024 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 as the 2^^ respondent has classified the building of the petitioners as unauthorized. -I St respondent had issued 2. It is submitted that the 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. The learned counsel for the petitioners further submits that the petitioners, after having moved the lunch motion, the 2"^^ respondent has deployed JCBs for digging up the access road and for further 3. demolition. ' ^ 3 HN, J W.P.Nos.17862 and 17881_2025 Heard the learned counsel for the petitioners in both the writ petitions and the learned Assistant Government Pleader for the state and the learned standing counsel appearing for th© 2'^'^ respondent. 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. Considering the submissions of the learned counsel for the petitioners 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 petitioners 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 cdbsid^r ^rSnting' permission in accordance with law. , With the above directions, these writ petitions are disposed off. There shall be ho order as to costs. 4. 5. 6. 7. As a sequel, pending miscellaneous petitions, if any, shgll stand closed. Sd7- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// /tr" SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration j Andhra Pradesh, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Atmakur Municipality, Atmakur, SPSR Nellore (D). 3. One CC to Sri Sumanth Amirapu, Advocate [OPUC] 4. Two CCs to GP for Municipal Admn and Andhra Pradesh [OPUC] 5. One CC to Sri G. Lakshmi Narayana, SC for Municipality 6. Two CD Copies Cnr Department, State of Urban Development, High Court of [OPUC] HIGH COURT DATED: 14/07/2025 COMMON ORDER WP Nos. 17862 and 17881 OF 2025 g TS JUt 2025 m ^ X Current Section * DISPOSING OF THE W.Ps WITHOUT COSTS