APHC010360642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18230/2025 Between: 1. SHAIK FAZILA, W/O SHAIK MUZAHID, AGED ABOUT 33 YEARS, OCCIHOUSEWIFE, R/O D.NO.12-1-252, 12-1-254 AND 12-1-254/1, SAVARAALA STREET, CHINNA BAZAAR, NELLORE. 2. SHAIK FARIDA,, W/O SHAIK MUZAFER, AGED 32 YEARS, OCCIHOUSEWIFE, R/O D.NO.12-1-252, 12-1-254 AND 12-1-254/1, SAVARAALA STREET, CHINNA BAZAAR, NELLORE. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. 3. THE TOWN PLANNING OFFICER, NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. ...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 a direction more particularly one in the nature of mandamus declaring action of the 2nd respondent in passing speaking order dated 05-07-2025 vide Roc No. 2 565102/2024/G3 and taking steps to demolish the Petitioners property situated at D.No. 12-1-252, 12-1-254 and 12-1-254/1, situated at Savaraala Street, Chinna Bazaar, Nellore, as wholly illegal, arbitrary, unconstitutional and consequently set aside the impugned order dated 05-07-2025 vide Roc No. 565102/2024/G3passed by 2nd respondent and pass such 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 stay all further proceedings including demolition, trespass etc, pursuant to speaking order Roc No. 565102/2024/G3 passed by 2ndrespondent with respect to the property of the petitioners at 6-+D.N0.12- 1-252, 12-1-254 and 12-1-254/1, situated at Savaraala Street, Chinna Bazaar, Nellore and pass such Counsel for the Petitioner(S): 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 The Court made the following Order: Learned counsel for the petitioners submits that the petitioners are aggrieved by the order dated 05.07.2025, whereby the petitioners are called upon to demolish the construction made in the road widening area, unauthorized floor and deviations made from the approved building plan and the setbacks thereon. The petitioners are called upon to demolish the unauthorized construction within a period of fifteen (15) days; failing which, the 2nd respondent has informed that demolition would be undertaken by the 2nd respondent and the charges shall be levied on the petitioners. 2. Learned counsel for the petitioners submits that on the earlier round of litigation, when the 2nd respondent intended to demolish the building of the petitioners, they filed Writ Petition No.18083 of 2024 and a learned Single Judge of this Court while disposing the Writ Petition on 20.08.2024, directed the respondent-Corporation to conduct a proper enquiry and give an opportunity of hearing to the petitioners and decide the matter on its merits. 3. Learned counsel for the petitioners submits that the speaking order would refer to non-availability of Building Penalization Scheme (BPS) and that the scheme could be introduced shortly and any demolition with the structure would cause damage to the stability of the structure and also cause financial loss to the petitioners. 4. Learned Standing Counsel appearing for the respondent Nos.2 and 3 submits that, in pursuance of the orders of this Court, a proper hearing was conducted, and the petitioners submitted their explanation, expressing 4 their intention to regularize the building under the BPS scheme and requested for no further action pending regularization. It is also submitted that W.P. (PIL).No.67 of 2025 was filed by one Rattan Imtiyaz against the said building regarding the unauthorized construction on the road margin. 5. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 and 3. Perused the record. 6. The speaking order would indicate that the petitioners have constructed an additional floor and also deviated on the setbacks apart from constructing in the area which is required for future road expansion. 7. Be that as it may, in so far as the present case is concerned, the respondent authorities have granted adequate opportunity to the petitioners and have also considered the representation and explanation submitted by the petitioners and passed a speaking order. 8. This Court finds no reasons to interfere in the speaking order dated 05.07.2025. However, considering the request made by the learned counsel for the petitioner that the time granted for bringing down the unauthorized construction is very short and is expiring today and requested further time, the time granted for bringing down the unauthorized construction by the petitioner in the impugned notice dated 05.07.2025 shall stand extended till 22.08.2025. 9. Accordingly, the Writ Petition is disposed of. No costs. 5 10. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 22.07.2025 BMS