IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 504 OF 2025 Between: Sayed Mahaboob Jan, D/o. Shaik Abdul Kadhar and W/o. Ameer Basha, Aged about 49 Years, R/o. 16-65, Darga Metta, Srikalahasti Town, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Municipal Administration and Urban Developrnent A P Secretariat, Amaravati Capital City, Velagapudi, Thullur Mandal, Guntur District. 2. The Director and Municipal Administration and Urban Development Vijayawada. ^ 3. The Srikalahasti Municipality, Rep.by its Commissioner, Srikalahasti Tirupati District, of Town and Country Planning, Rep.by its Director MGM Capital Building, Ground Floor, NH-16 Service Road Mangalagiri, Guntur, Guntur District. 5. The District Collector, Tirupati. 6. The Revenue Divisional Officer, Srikalahasti. 7. The Tahsildar, Srikalahasti Mandal, Srikalahasti. ...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 order or direction or writ more particularly on in the nature of Writ of Mandamus or any other suitable writ declaring the action of the Respondents more particularly with the officers of the 3rd Respondent in orally threatening that building/my hotel /Residency namely \ Temple View Residency' situated in Sy.No.224/3 out of an extent of Ac 0.89 Cents, Ac.0.30 Cents and within Srikalahasti Municipality, Srikalahasti town, Panagallu, Darga Metta, Door.No. 16-65/1 in Srikalahasti town, Tirupati district, would be demolished as arbitrary and violative of article 14, and 300A of Constitution of India and consequently direct the respondents not to meddle in any manner whatsoever with my above property and grant costs of the proceedings. 21 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 to direct the Respondents not to in any way interfere with my peaceful possession and enjoyment of the said building/hotel namely Temple View Residency located Srikalahasti Municipality, Srikalahasti Panagallu, Darga Metta, Door.No. 16-65/1 in Srikalahasti town, Tirupati district, pending hearing in the writ petition. town Counsel for the Petitioner: SRI M PITCHAIAH Counsel for the Respondents: GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondents: SMT SREESHA RANI.V, SC for MUNICIPALITIES Counsel for the Respondents: GP FOR REVENUE The Court made the following order: 1 APHC010005322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 504/2025 Between; ...PETITIONER Sayed Mahaboob Jan AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.M PITCHAIAH Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP 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 order or direction or writ more particulariy one in the nature of Writ of Mandamus or any other suitabie writ declaring the action of the Respondents more particularly with the officers of the 3'^ Respondent in orally threatening that building/ hotel /Residency namely Temple View Residency situated in Sy. No.224/3 out of an extent of Ac-0.89 Cents, Ac-0.30 Cents and within Srikalahasti Municipality, Srikalahasti town, Panagallu, Darga Metta, Door. No. 16- 65/1 in Srikalahasti town, Tirupati district, would be demolished as arbitrary and violative of article 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to meddle in any manner whatsoever with petitioner’s property and grant costs of the proceedings ” The petitioner is the owner of an extent of 1200 square feet of house 2. site situated in the erstwhile Chittoor District, Balaji Registration District, Tirupathi, Srikalahasti Sub-District, Srikalahasti Mandal, within the Panagallu Survey Group, land in Sy.No.224/3, having purchased the same through a registered sale deed bearing No.2441 of 2007. Thereafter, the petitionerhas rd also applied for grant of building permission and accordingly, the 3 respondent granted building permission on 19.05.2022 sanctioning permission to the petitioner. Pursuant to the same, the petitioner constructed a building in the aforesaid site and the irrigation department has also issued No Objection Certificate for construction of the building in the said site on 22.03.2022. The petitioner is running a hotel in the said building in the name of “Temple View Residency” and the same was registered with the Micro, Small and Medium Enterprises, Government of India under Udayam Registration NO.UDAYAM/A.P./23-0026248 on 01.04.2024. 3 The grievance of the petitioner is that, while the matter being so, under 3. the pressure of the Ex.YCP MLA and his followers, the Municipal authorities are interfering with the petitioner’s possession and threatening that they would demolish the said building. It is also the case of the petitioner that, under similar circumstances. 4. when the neighbouring owner of the hotel approached this Court by way of W.P.No.29729 of 2024, this Court was pleased to protect the said petitioner by passing an interim order directing the respondents to maintain status-quo. Therefore, the learned counsel for the petitioner requested this Court to pass a similar order in this case. The learned Standing Counsel representing the 3^^ respondent has furnished a copy of instructions, wherein it is stated that the petitioner had applied plan for construction of the proposed building without showing the Buffer Zone in the plan. As such, the plan was rejected by the Srikalahasti Municipality. It is further stated that as the petitioner has illegally constructed the building without any building permissions from the Municipal authorities, with stilt + G + 3 floors, a Provisional Order Notice was issued to the petitioner 5. 14.10.2024, and thereafter a Confirmation Order Notice was also served on the petitioner on 25.10.2024. It is further stated that the petitioner, despite receiving the said notices instead of submitting an explanation, has approached this court, alleging that the respondents are interfering with his peaceful possession. V However, on perusal of the documents, it can be seen that the building permission was granted to the petitioner way back in the year 2022 itself, and thereafter the petitioner has constructed the building and has been doing hotel business under the name and style of “Temple View Residency”, however, the service of the provisional notice and the confirmation notice i: seriously disputed by the learned counsel for the petitioner. In view of the same, instead of going into merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s possession and enjoyment of the subject project without following due process of law. However, the petitioner is also directed to cooperate with the respondent authorities by duly furnishing the necessary documents in support of his case. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand But, IS 7. 8. closed. SD/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// S OFFICER 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, A.P. Secretariat, Amaravati Capital City, Velagapudi, Thullur Mandal, Guntur District. 2. The Director and Municipal Administration and Urban Development, Vijayawada. 3. The Commissioner, Srikalahasti Municipality, Srikalahasti Tirupati District. 4. The Director, Directorate of Town and Country Planning, MGM Capital Building, Ground Floor, NH-16 Service, Road, Mangalagiri, Guntur, Guntur District. 5. The District Collector, Tirupati. 6. The Revenue Divisional Officer, Srikalahasti. 7. The Tahsildar, Srikalahasti Mandal, Srikalahasti. 8. One CC to Sri M Pitchaiah, Advocate [OPUC] 9. One CC to Smt Sreesha Rani, SC for Municipalities [OPUC] 10.Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 11 .Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12.Two CD Copies To, RAM % HIGH COURT DATED:09/01/2025 OF I 2 2 JAN 2025 Current Section ^ £espatcW«Sc^ mi ORDER WP.No.504 of 2025 DISPOSING OF THE WP WITHOUT COSTS