APHC010375082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) | WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18934 OF 2025 Between: Shaik Mohammed Shafi, S/o. Shaik Ramthu Basha, Aged about 48 years, R/o. D.No. 18/87, Syed Saheb Street, Kadapa City, YSR Kadapa District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration and Urban Development A.P. Secretariat at Velagapudi, Amaravathi, Guntur District 2. The Kadapa Municipal Corporation, Rep. by its Commissioner, Kadapa City, YSR Kadapa District 3. Kadapa Urban Development Authority, Rep. by its Vice Chairperson, Kadapa City, YSR Kadapa 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 mostly one which is in the nature of a Writ of Mandamus declaring the Confirmation Orders issued in Notice NO.146/1013/KDP/UC/2025 dated 12-06-2025 in confirming the Provisional Notice issued in Notice No.146/1013/KDP/UC/2025 dated 27-05- 2025 of the 2nd Respondent as illegal, arbitrary, ultra vires and against Articles 14, 21 of Indian Constitution and set aside them. t \A NOi 1 OF 2Q2fi 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 stay all further proceedings in pursuance of Confirmation Orders issued in Notice NO.146/1013/KDP/UC/2025 dated 12-06-2025 of the 2nd Respondent and pass s Counsel for the Petitioner: SRI SODUM ANVESHA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV AP Counsel for the Respondent Nos. 2 and 3: SRI P VENGAL REDDY SC FOR MUNICIPAL CORPORATION The Court made the following order: r APHC010375082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] 13.^ f WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18934/2025 Between: 1.SHAIK MOHAMMED SHAFI, S/0. SHAIK RAMTHU BASHA, ABOUT 48 YEARS. R/0. D.NO.18/87, SYED SAHEB STREET KADAPA CITY, YSR KADAPA DISTRICT AGED ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT AT VELAGAPUDI DISTRICT A.P. AMARAVATHI, GUNTUR 2.THE KADAPA MUNICIPAL CORPORATION COMMISSIONER, KADAPA CITY, YSR KADAPA DISTRICT REP. BY ITS 3. KADAPA URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE CHAIRPERSON, KADAPA CITY, YSR KADAPA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.SODUM ANVESHA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: 2 Order:- The learned Senior Counsel appearing for the petitioner submits that r the petitioner has been issued a notice dated 27.05.2025, calling upon him to submit a reply in writing or through an authorized agent, explaining why action should not be initiated in respect of the alleged deviations in the construction. It is submitted that the petitioner could not reply to the said notice; 2. however, a confirmation order has been issued calling upon the petitioner to demolish the structure, failing which action shall be initiated by the municipality by debiting the cost of demolition to the petitioner. It is also submitted that the notice was issued on behalf of the Commissioner, which is not permissible under the Municipal Corporation Act. It is further submitted that a notice under the APMC Act, 1955, and the APMR & UDA Act, 2016 could not be merged and issued by the Commissioner, as there is a separate competent authority under the APMR & UDA Act, 2016. It is also submitted that the alleged deviations are minor in nature and could have been compounded by the 2^^ respondent. The learned Standing Counsel appearing for the 2'^'^ respondent, as per written instructions, submits that the petitioner obtained permission for 3. premises bearing Door No. 18/86 in the year 2019 and subsequently obtained permission for premises bearing Door No. 18/87 in the year 2022. It is submitted that the petitioner ought to have constructed two separate buildings as per the sanctioned plans; however, the petitioner has merged both the buildings. 3 ‘ 4. Heard the learned Senior Counsel for the petitioner and the learned Standing Counsel for the 2""^ respondent. 5. Perused the record. 6. The building permit order dated 21.11.2022 was sanctioned for the premises bearing Door No. 18/87, with an extent of land measuring 121.24 square meters and a net site area of 116.55 square meters. The provisional order dated 27.05.2025 also relates to the building on Door No. 18/87, and the site area corresponds with the permission obtained for the building premises bearing Door No. 18/87. 7. Considering the submissions and after perusing the record, the 2""^ respondent is directed to re-consider the issue by permitting the petitioner to submit a detailed reply and by giving an opportunity of hearing. The 2"'* respondent would have to restart the process afresh. In the meanwhile coercive steps shall be taken against the petitioner. , no 8. With these observations, this Writ Petition is disposed off. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development, State of AP Amaravathi, Guntur District 2. The Commissioner, Kadapa Municipal Corporation, Kadapa City, YSR Kadapa District Municipal Administration and Urban A.P. Secretariat at Velagapud I, 3. The Vice Chairperson, Kadapa Urban Development Authority, Kadapa City, YSR Kadapa District One CC to Sri. Sodum Anvesha Advocate [OPUC] One CC to Sri. P Vengal Reddy SC for Municipal Corporation [OPUC] Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies GSC / 4. 5. 6. 7. high court DATED:23/07/2025 ORDER WP NO. 18934 OF 2025 .V 0 5 AUG 2025 CD Co DISPOSING THE WP WITHOUT COSTS