APHC010388752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) /■ t THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20320 OF 2025 -.’JS bim ^ i ii •/ Between: Vadaii Ramamurthy, S/o Late Narasimha Sastry, Aged about 60 R/oD.No.12-21-10, Aaryapuram Village, Rajamahendravaram Main Road, Rajamahendravaram Urban-533101, East Godavari District. years. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Rajamahendravaram Municipal Corporation, Commissioner, Rajamahendravaram, East Godavari District. 3. The City Planning Officer, Rajamahendravaram Municipal Corporation Rajamahendravaram, East Godavari District. 4. Nayana Lakshmana Reddy, S/o Appala Naidu, Aged about 59 R/o D.No.80-17-21 Rep. by its years. Road, Koka Bhaskaramma Nagar Rajamahendravaram, East Godavari District. J.N. ...Respondents Petition under Article 226 of the Constitution of India chrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction more particularly one in the nature praying that in the of a) Writ of Mandamus directing the 2nd Respondent not to issue occupancy certificate in respect of the multi storied building constructed in an extent of 606.08 Sq.yards, situated in T.S.No.552, D.Nos.12-21-8, 12-21-9 12-21-10, 9th Ward, the limits of Municipal Corporation of Aaryapuram within Rajamahendravaram, Rajamahendravaram, East Godavari District until the entire terms and conditions under registered Development Agreement-cum- General Power of Attorney dt.24-02-2012 are complied, b) WRIT OF MANDAMUS directing the 2ND Respondent not to grant permission, liberty to the Respondent to convert any space in the multi storied building constructed in an extent of 606.08 Sq.yards, situated in T.S.No.552, D.Nos.12-21-8, 12- 21-9 12-21-10, 9th Ward, Aaryapuram within the limits of Municipal Corporation of Rajamahendravaram, Rajamahendravaram, East Godavari District into commercial, non-residential space. 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 2nd Respondent to initiate proceedings on the Petitioner’s representation dt.11-07-2025 and dispose of the same. Counsel for the Petitioner: SRI A SYAM SUNDAR REDDY Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 and 3: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010388752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20320/2025 Between: 1.VADALI RAMAMURTHY, S/0 LATE NARASIMHA SASTRY, AGED ABOUT 60 YEARS, R/OD.NO.12-21-10, AARYAPURAM VILLAGE, RAJAMAHENDRAVARAM MAIN ROAD URBAN-533101, EAST GODAVARI DISTRICT. RAJAMAHENDRAVARAM ...PETITIONER AND OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDING, 1.THE STATE SECRETARY, MUNICIPAL DEVELOPMENT DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. RAJAMAHENDRAVARAM MUNICIPAL CORPORATION, REP. EAST 2.THE BY ITS COMMISSIONER, GODAVARIDISTRICT. RAJAMAHENDRAVARAM RAJAMAHENDRAVARAM EAST PLANNING OFFICER, RAJAMAH EN DRAVARAM 3.THE CITY MUNICIPAL CORPORATION GODAVARI DISTRICT. 4 NAYANA LAKSHMANA REDDY, S/0 APPALA NAIDU, AGED ABOUT R/0 D.NO.80-17-21, KOKA BHASKARAMMA NAGAR, 59 YEARS, J.N. ROAD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: ; Jv 2 V 1 .A SYAM SUNDAR REDDY Counsel for the Respondent(S): MUNCIPAL ADMN AND URBAN DEV AP 1.GP The Court made the following: 3 ORDER:- The learned counsel for the petitioner submits that the 4*^ respondent, a builder, had left the construction midway. The petitioner had entered into a development agreement with the 4**^ respondent, and permission was obtained for the construction of a residential complex in the year 2012. Though the 4*'’ respondent was required to complete the construction within a period of three (03) years, the construction was left midway. However, the 4*^ respondent is now attempting to complete the construction and convert the structure into a commercial complex. Aggrieved by such activities, the petitioner submitted a representation dated 11.07.2025. 1 \ On 05.08.2025, when the matter was listed before this Court, the learned Standing Counsel appearing for the 2'^^ respondent sought time to get instructions as to whether the building is completed in all respects and whether it is occupied by the occupants. 2. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the 2^ respondent has submitted the existing structure . as on date and, upon written instructions received from the 3'"'^ respondent, submits that the structure as on date is not completed and no occupancy certificate was issued by the Corporation to the building. 3. Recording the submissions of the learned Standing Counsel appearing for the 2"'^ respondent, there shall be a direction to the 2"'^ respondent to consider the representation of the petitioner by duly issuing notice to the 4. I 4 petitioner and to the 4'^ respondent, and to pass necessary orders after extending an opportunity of hearing to the petitioner as well as the 4*^ respondent. 5. With these observations, this writ petition is disposed off. There shall be no order as to 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, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Rajamahendravaram Municipal Corporation, Rajamahendravaram, East Godavari District. 3. The City Planning Officer, Rajamahendravaram Municipal Corporation, Rajamahendravaram, East Godavari District. 4. One CC to Sri. A Syam Sundar Reddy Advocate [OPUC] 5. One CC to Sri. A S C Bose SC for Municipal Corporation [OPUC] 6. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh[OUT] 7. Two CD Copies GSC HIGH COURT DATED:07/08/2025 I ORDER WP NO. 20320 OF 2025 ov 2<iSFP 2025 Current Section , ua: .m DISPOSING THE WP WITHOUT COSTS