APHC010369322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18540/2025 Between: 1. ALAHARI PRATHAP KUMAR, S/O. RAMANAIAH, AGED 56 YEARS, R/O.D.NO.26-15-193, VANAMTHOPU NELLORE - 524004. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS.. PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDU, AMARAVATHI, GUNTUR DISTRICT. 2. THE MUNICIPAL CORPORATION, NELLORE, REP.BY ITS COMMISSIONER 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent No.2 in issuing notice vide ROC. No.529241/NMC/2023/G4 dt. 09.07.2025 proposing to revoke my building plan approval based on an unilateral survey report as illegal, arbitrary, irregular, violative of the provisions of GHMC Act and also violative of Articles 14, 21 and 300-A of the constitution of India and Consequently set aside the notice dt. 09.07.2025 issued by Respondent No.2 vide ROC. NO.529241/NMC/2023/G4 and to pass 2 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 suspend notice dt;09.07.2025 issued by (n Respondent No.2 vide ROC. No.529241/NMC/2023/G4, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MALIREDDY GOWTHAM Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned show cause notice dated 09.07.2025, whereby the petitioner is called upon to submit his explanation on the alleged survey report which indicates that the petitioner has encroached on the road to an extent of 7.75 Kankanams and sought for explanation from the petitioner as to why the building permission granted to the petitioner in the year 2006 should not be cancelled, and the subsequent modification of the permission granted in the year 2021 should not be cancelled. 2. Learned Standing Counsel for the 2nd respondent submits that the petitioner would have to submit an explanation to the show cause notice and that if the petitioner submits explanation, the same would be considered in accordance with law by the 2nd respondent. 3. Learned counsel for the petitioner submits that the petitioner’s property is beyond the layout plan bearing No.114/1998, which abuts the 20 feet existing road. The said road was proposed to be widened to 33 feet road as per the lay out plan 1998. It is submitted that the road as on date is not widened and still it is 20 feet road which is abutting the petitioner’s property. It is further submitted that the petitioner constructed the building in the year 2006 itself and has been in possession and enjoyment of the same. The other objection raised in the show cause notice is with regard to the extent of land of the petitioner. It is submitted that initially the property even as per the sanctioned plan of the year 2006, the total site was 199.95 Sq.meters. It is 4 submitted that the property was adjusted amongst the siblings is around 135.58 Sq.meters. 4. Considering the submissions made, the show cause notice deserves to be set aside, as the same is passed on the alleged survey report conducted by the Town Surveyor without issuing any notice to the petitioner. However, it is left open for the 2nd respondent to take up further proceedings in accordance with law, duly informing the petitioner in advance about the proposed survey if any to be conducted. 5. Accordingly, the Writ Petition is disposed of. The impugned notice dated 09.07.2025 issued by the 2nd respondent is hereby set aside. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 21.07.2025 BMS