IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6138 OF 2014 Between: Syed Muzeer Rozedar, S/o. Dasthagiri Saheb, aged about 27 years, Occ: Student, Resident of Door No. 28-181, P.C. Naidu Nagar, Mypadu Road, Nellore Town, Sri Potti Sriramulu Nellore District. ...PETITIONER AND 1. Government of Andhra Pradesh, Rep. by its Principal secretary. Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 2. The Special Officer and The Joint Collector, Nellore Municipal Corporation, Nellore, Sri Potti Sriramulu Nellore District. 3. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Sri Potti Sriramulu Nellore District. 4. Dr. N.T.R. University of Health Sciences, Rep. by its, Vice-Chancellor, Gunadala, Vijayawada, Krishna District. 5. Narayana Educational Society, Rep. by its Chairman, Dr. P. Narayana, Chinthareddypalem, Nellore Rural Mandal, Sri Potti Sriramulu Neltore District. ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, Declare the action of the 1st respondent in granting Stay against the orders of the 3rd respondent in sealing the unauthorized construction of Additional Blocks of RCC Building of the 5th respondent is arbitrary, unreasonable and according,ly set aside the impugned orders of the ISt respondent made in Memo No. 2021/M1/2014, Government of Andhra Pradesh, Municipal Administration & Urban Development Department, dated 15-02-2014 and consequently direct the 3rd respondent to conduct enquiry on the Order No. U.C. No. 01/2013/B.O-lll, dated 08.02.2014 in sealing the unauthorized construction of Additional Building consisting of First floor with raising of RCC Columns on ground Floor in the premises of Narayana Medical College situated at Survey Nos. 169 to 183, 184 (P) 185 (P), 186 to 188, 189 (P) & 190 (P) of Chintareddypalem, Nellore Rural Mandal, Sri Potti Sriramulu Nellore District and necessary orders. I.A. NO: 1 OF 2014rWVMP. NO: 799 OF 2014^ Between: Narayana Educational Society, Rep. by its Chairman, Dr. P. Narayana, Chinthareddypalem, Nellore Rural Mandal, Sri Potti Sriramulu Neltore District. Petitioners/5*^ Respondent AND 1. Syed Muzeer Rozedar, S/o. Dasthagiri Saheb, aged about 27 years, Occ: Student, Resident of Door No. 28-181, P.C. Naidu Nagar, Mypadu Road, Nellore Town, Sri Potti Sriramulu Nellore District. Respondent/Writ Petitioner 2. Government of Andhra Pradesh, Rep. by its Principal secretary. Municipal Administration & Urban Development Department, Secretariat, Hyderabad. 3. The Special Officer and The Joint Collector, Nellore Municipal Corporation, Neltore, Sri Potti Sriramulu Nellore District. 4. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, Sri Potti Sriramulu Nellore District. 5. Dr. N.T.R. University of Health Sciences, Rep. by its, Vice-Chancellor, Gunadala, Vijayawada, Krishna District. Respondents/Respondents 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 vacate the interim order dated 4.3.2014 in WP.no.6138 of 2014. Counsel for the Petitioner:SRI BOYA RAVINDER REDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondents No.2,3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.4: — Counsel for the Respondent No.5: SRI V VINOD K REDDY The Court made the following: ORDER 1 APHC010365542014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6138/2014 Between: ...PETITIONER Syed Muzeer Rozedar, Nellore Dist. AND ...RESPONDENT(S) PrI Secy MAUD Dept 4 Ors and Others Counsel for the Petitioner: 1.BOYA RAVINDER REDDY Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.VVINOD K REDDY 3.GP FOR MUNCIPA.L ADMN AND URBAN DEV The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ to issue an appropriate writ, order or direction more particuiarly one in the nature of Writ of Mandamus, Declare the action of the f’ respondent in granting Stay against the orders of the 3 respondent in sealing the unauthorized construction of Additional Blocks of RCC Building of the 5'" respondent is arbitrary unreasonable and accordingly set aside the impugned orders of the respondent made in Memo No.2021/M1/2014, Government of Andhra Pradesh, Municipal Administration and Urban Development Department, dated 15.02.2014 and consequently direct the 3^'^ respondent to conduct enquiry on the Order No.U.C.No.OI/2013/B.O-lll, dated 08.02.2014 in sealing the unauthorized construction of Additional Building consisting of First floor with raising of RCC Columns on ground Floor in the premises of Narayana Medical College situated at Survey Nos. 169 to 183, 184(P), 185(P), 186 to 188, 189 (P) 190 (P) of Chintareddypalem, Nellore Rural Mandat, Sri Potti Sriramulu Nellore District..." 2. The case of the petitioner is that he is a permanent resident of Nellore Town and pursuing Final Year degree course in Narayana College, Nellore Town. He was elected as President of National Students Union of India, District unit. The respondent started medical college and running the same in the land covered by Sy.Nos.169 to 183, 184(P), 185(P), 186 to Nelloe 189(P) & 190(P) of Chinthareddypalem Village, Nellore. Though the 5 of donations from the students 188, respondent collecting huge amounts by way respondent failed to provide amenities and other infrastructure required of medical college. Moreover, there are several complaints in the 5 for the purpose running medical college as the teaching staff as well as management are harassing students and not evincing any interest in imparting attention to the education of the students or to look after their well fa]:e. 3. While so, the respondent intended to construct additional building in the premises of medical college situated at various survey numbers of Chinthareddypalem Village for the purpose of accommodation to the students for expansion of medical college. The respondent has constructions of additional buildings in the open place after obtaining necessary permission from the respondent-Municipal Corporation. But contrary to the same, the 5^^ respondent started construction of additional buildings in the premises of Narayana Medical College open place left for parking of the vehicles. While the building was under construction it was collapsed on 08.02.2014, wherein 8 persons were died on the spot and 15 persons were severely injured. The Municipal authorities of S'"* respondent rushed to the spot. The S'"* respondent passed an order on 08.02.2014 stating that the 5'^ respondent did not submit any explanation to the show dated 08.11.2013 issued under Section 452(1) of HMC Act Act and basing the report by the Municipal Engineer, the 3'" respondent passed orders 08.02.2014 directing the Assistant Country Planner, Nellore Municipal Corporation to seal the building immediately on 09.02.2014. Then, the 5‘'^ respondent has carried the matter in appeal before the 1 to make cause on on respondent-State and the 1®* respondent-State passed orders on 15.02.2014 staying the notice of the 3'^^ respondent-Municipal Corporation, Nellore dated 08.02.2014. Challenging the order of the 1"‘ respondent-State, the present writ petition is filed. 4 Heard learned counsel for the petitioner and learned counsel for the 4. respondents. r This Court, while admitting the writ petition on 04.03.2014, passed an 5. interim order granting interim suspension of the impugned proceedings U.C.No.01/2013/B.O.-Ill, dated 08.02.2014, holding that no reasons have been assigned in the impugned memo. Thereafter, the 5*'^ respondent filed counter stating that he has applied 6. to the Chintareddypalem Gram Panchayat on 30.11.2012 seeking permission for construction of additional building in view of the proposed increase of the intake of seats in 1®* year MBBS course in the medical college run by it and the Gram Panchayat accordingly granted permission on 18.03.2013. Further the State Government passed orders through their G.O.Ms.No.145 Panchayat Raj and Rural Development Department dated 25.03.2013 merging Chintareddypalem Gram Panchayat into Nellore Municipal Corporation. Thus on 30.11.2012 the date on which the application and plans were submitted seeking permission for construction of additional buildings and on 18.03.2013, the date on which such building permission has been accorded by the Chithareddypalem Gram Panchayat, it is that Gram Panchayat, a local body which is the competent authority to accord any such building permission. Nellore Municipal Corporation does not have any power to accord any such building permission in as much as Chinthareddypalem is constituted as a Gram Panchayat, another local body. 5 This Court, on 24.03.2014, having considered the vacate stay petition 7. in detail, vacated the interim order dated 04.03.2014, the operative portion of which reads as under;- “... Thus looked at from any perspective and also in view of the statement made by Sri P.Venu gopal, learned Senior Counsel, that there are no causalities that occurred due to the collapse of the scaffolding material of one of the blocks of the building and also in view of the submission that the interim suspension order passed by this Court is resulting in Municipal Corporation, Nellore proposing to demolish all the other structures also and threatening such an action everyday, the interim order passed on 04.03.2014 is required to be vacated as prima-facie the constructions undertaken cannot be described as unlawful and illegal constructions. On the contrary they were sanctioned and approved by a competent local body. Hence, the interim order passed on 04.03.2014 shall stand vacated. The 5^^ respondent shall not claim any special equities for making constructions or completion of such constructions because all such developments will abide by the result in the writ petition. Accordingly, the WVMP.No.799 of 2014 shall stand allowed and WPMP.No. 7625of 2014 is dismissed. ” From a perusal of the above, it is evident that this Court, while considering the vacate stay application, has reached to a prime facie conclusion that a construction was made by the 5"^ respondent vide 8. sanctioned and approved by a competent local body. Be that as it may, since the impugned order has been long back vacated on 24.03.2014 i.e., after lapse of 11 years, nothing survives for 9. adjudication in this writ petition at this stage. Accordingly, the Writ Petition is dismissed. No order as to costs. 10. 6 Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. f' Sd/- N. NAGAMMA ASSISTANT REGISTRAR ' SECTION OFFICER //TRUE COPY// To 1. One CC to SRI. BOYA RAVINDER REDDY, Advocate [OPUC] One CC to SRI. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Advocate [OPUC] Two CCs to GP FOR MUNCIPAL ADMN AND URBAN DEV., High Court of Andhra Pradesh. [OUT] One CC to SRI. y VINQD K REDDY, Advocate [OPUC] Three C,D.Copies 2. 3. 4. 5. nm •5 HIGH COURT DATED: 13/02/2025 ORDER WP.No.6138 of 2014 S’ 01 APR 2025 s ^ . Curreni Section DISMISING THE WP WITHOUT COSTS