APHC010358602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18436/2025 Between: 1. P GURUMURTHY, S/O. P. VENKATA SUBBAIAH, AGED ABOUT 63 YEARS, OCCU BUSINESS, R/O.VILLA NO. 19, ADITYA EMPRESS PARK, TOLICHOWK, SHAIKPET, GOLCONDA, HYDERABAD ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. TIRUPATHI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, TIRUPATHI. ...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 toPleased to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the in-action of the 2nd respondent Corporation in issuing the occupancy certificate by releasing the mortgage portion of the residential complex constructed in Sy.No.9, plot Nos. 9 and 10 in B. Block and PlotNos. 9 and 10 of C Block, Seetharamapuram, extension, wardNo.22, Block No.9, SBI Colony, Thimminaidupalem, Tirupathi vide building permission No. 1012/0266/B/TIR/TP/2018, Dt17-07-2018, as illegal arbitory and consequently direct the 2nd respondent to issue occupancy certificate for the aforesaid residential complex and pass 2 HN, J W.P.No.18436_2025 IA 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 pleased to direct the 2nd respondent to consider the representation of the petitioner Dt: 14-04-2025 for issuance of occupancy certificate by releasing the mortgage portion of the petitioner residential complex constructed in Sy.No.9, plot Nos. 9 and 10 in B. Block and Plot Nos. 9 and 10 of C Block, Seetharamapuram, extension, ward No.22, Block No.9, SBl Colony, Thimminaidupalem, videTirupathi building permission NO.1012/0266/B/T1R/TP/2018, Dt: 17-07-2018 and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.18436_2025 This Court made the following Order:- 1. The petitioner is aggrieved by the inaction on the part of the respondents in failing to issue the Occupancy Certificate and release the mortgaged portion of the residential complex constructed, comprising stilt (parking) + four upper floors, situated at Sy.No.9, Plot Nos.9 and 10 in B Block, and Plot Nos.9 and 10 of C Block, Seetharamapuram Extension, Ward No.22, Block No.9, SBI Colony, Thimminaidupalem, Tirupathi. 2. On instructions, the learned counsel appearing for the 2nd respondent submits that the procedure for issuance of the Occupancy Certificate and the release of the mortgaged portion are entirely distinct processes. It is further submitted that the petitioner’s representation dated 14.04.2025, seeking a change of the licensed technical person, has been duly considered, and, as requested, the licensed technical person has been changed. 3. It is now incumbent upon the petitioner to rectify the deficiencies as communicated through the endorsement dated 02.01.2019. The petitioner is required to address the said deficiencies through the newly appointed licensed technical person. The respondents are at liberty to examine the compliance and take appropriate action in accordance with law. 3. In view of the above, the present writ petition is disposed off. There shall be no order as to costs. 4 HN, J W.P.No.18436_2025 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 28.07.2025 NKA 5 HN, J W.P.No.18436_2025 264 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No. 18436 of 2025 Date: 28.07.2025 NKA