APHC010371892025 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: 19115/2025 Between: 1. TIRUMALASETTY KEERTHI CHANDRA, AGED ABOUT 33 YEARS, RESIDENT OF 11020, HUEBNER OAKS APT 2118, SAN ANTONIO, TX- 78230, REPRESENTED BY GPA HOLDER TIRUMALASETTY GAJENDRA RAO, S/O.RATHAIAH, AGED ABOUT 67 YEARS, R/O.79-4-1/6, PLOT NO.70, PRASANTHI ESTATES, TILAK ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE RAJAMAHENDRAVARAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, RAJAMAHENDRAVARAM. ...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 a Writ in the nature of Mandamus, declaring the action of the 2nd respondent in issuing the Stop Work Order vide Letter No.SWO/1064/2025/0073 dated 15.05.2025 and Stop Work Order vide Letter No.SWO/1064/2025/0073 dated 09.07.2025 directing to stop further construction immediately as illegal, 2 arbitrary and violative of principles of natural justice apart from violative of Articles 14 and 300-A of the Constitution of India and set aside the same and consequently direct the 2nd respondent authorities to allow the petitioner to proceed with the construction as per the Building Permit No.1064/0286/B/RJY/VPM/2024 dated 23.04.2025 and pass 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 the operation of Stop Work Orders issued by the 2nd respondent vide Letter No.SWO/1064/2025/0073 dated 15.05.2025 and Letter No.SWO/1064/2025/0073 dated 09.07.2025, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. Y SUDHAKAR 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 proceedings dated 09.07.2025 whereby the 2nd respondent issued stop work order. It is submitted that the petitioner is the owner of the land admeasuring 733.33 Sq.yards, covering Plot Nos.4 and 5 in V.L.Puram, Tilak Road, Rajamahendravaram. The said land was purchased by petitioner’s mother under a registered sale deed dated 29.10.2016. Subsequently, settlement deed was executed in favour of the petitioner on 08.05.2024. The petitioner thereafter obtained building permission on 20.06.2024 and the same was revised on 23.04.2025. It is submitted that the petitioner was issued stop work order dated 15.05.2025, which was followed by another order dated 09.07.2025. It is submitted that the stop work order dated 15.05.2025 would refer to Writ Petition Nos.14415 and 14416 of 2023, whereby a learned Single Judge of this Court had directed the respondents to conduct an enquiry and kept the impugned proceedings therein in abeyance. 2. Learned counsel for the petitioner submits that the aforesaid writ petitions pertain to different plots of the same layout, which form part and parcel of the same survey number. 3. Learned Standing Counsel for the 2nd respondent submits that the entire layout is under dispute. It is submitted that there is a title dispute between the legal heirs of the property and the developer. It is submitted that an enquiry is to be conducted by the 2nd respondent. 4 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the 1st respondent as well as the learned Standing Counsel for the 2nd respondent. 5. Be that as it may, this Court did not uphold the impugned proceedings in Writ Petition Nos.14415 and 14416 of 2023. This Court had kept in abeyance the stop work orders issued to the other plot owners. It has been almost two years since disposing the writ petitions, and the enquiry which was supposed to be conducted within a period of three months, is yet to be concluded. 6. On these considerations, the impugned proceedings dated 15.05.2025 and 09.07.2025 are hereby suspended. Any further construction by the petitioner would be subject to the outcome of the civil disputes, if any pending, between the owner of the land and the builder. It is needless to mention that the petitioner would have to adhere to the sanctioned plan. 7. Accordingly, the Writ Petition is disposed of. No costs. 8. Pending miscellaneous petitions, if any, shall stand closed. _______________________ JUSTICE HARINATH.N Date : 28.07.2025 BMS