APHC010392392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19798 OF 2025 Between: Smt. Rajana Chittamma, W/o Rajana Venkata Subbaiah, Aged about 49 Occ; Housewife, Resident of H.No.4-268/2, Rav;endra Nagar, Gopalapatnam Rural, Visakhapatnam, Visakhapatnam District. years ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner, Visakhapatnam. 3. The Zonal Commissioner, Zone-VIII, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 4. The Town Planning Officer, Zone-VIII Municipal Corporation, Visakhapatnam. 5. The Tahsildar, Gopalapatnam Mandal, Visakhapatnam District. Greater Visakhapatnam ...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, more particularly one in the nature of Mandamus, declaring the action of the Respondents No. 2 to 5 in trying to demolish the petitioner's house situated in plot No. 105 measuring an extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village, Visakhapatnam, Visakhapatnam District, which was regularized by the GVMC vide proceedings NO.3865/2017A/ZG1001-66-81057, dated 25.07.2017, without issuing any prior notice and without following due process of law as illegal, arbitrary, unconstitutional and violative of Articles 14 and 300- A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioner's house situated in plot No. 105 measuring extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village Visakhapatnam, Visakhapatnam District. an 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 No. 2 to 5 not to interfere with petitioner’s house situated in plot No. 105 measuring an extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village, Visakhapatnam, Visakhapatnam District, without following the due process of law, pending disposal of the writ petition. Counsel for the Petitioner: SRI NARASIMHA REDDY. G . L "" Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 to 4: SRI A S C BOSE (SC FOR MUNICPAL CORPORATIONS) Counsel for the Respondent No.5: GP FOR REVENUE The Court made the following order: 1 HNJ W.P.No.l9798_2025 APHC010392392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19798/2025 [3457] Between: 1.RAJANA CHITTAMMA, W/0 RAJANA VENKATA SUBBAIAH AGED ABOUT 49 YEARS, OCC HOUSEWIFE, RESIDENT OF H.NO.4-268/2 RAVENDRA NAGAR, GOPALAPATNAM RURAL, VISAKHAPATNAM DISTRICT. VISAKHAPATNAM, ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2.THE GREATER VISAKHAPATNAM MUNICIPAL REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE CORPORATION, , ZONAL COMMISSIONER, ZONE-VIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 4. THE TOWN PLANNING OFFICER, ZONE-VIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 5.THE TAHSILDAR, GOPALAPATNAM MANDAL DISTRICT. VISAKHAPATNAM ...RESPONDENT(S): praying that in the the High Court may be Petition under Articie 226 of the Constitution of india circumstances stated in the affidavit fiied therewith 2 HN, j W.P.No.19798 2025 pleased toPleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Mandamus, declaring the Respondents No. 2 to 5 in trying to demolish the petitioner's house situated in plot No. 105 measuring an extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village, Visakhapatnam, Visakhapatnam District, which was regularized by the GVMC vide proceedings N0.3865/2017A/ZG1001-66 - 81057, dated 25.07.2017, without issuing any prior notice and without following due process of law as illegal, arbitrary, unconstitutional and violative of Articles 14 and 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the petitioner's house situated in plot No. 105 measuring an extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village, Visakhapatnam, Visakhapatnam District and pass lA NO: 1 OF 2025 action of the 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 direct the respondents No. 2 to 5 not to interfere with petitioner’s house situated in plot No. 105 measuring an extent of 57.05 Sq. yards in Sy.No.76/81057 of Venkatapuram Village, Visakhapatnam, Visakhapatnam District, without following the due process of law, pending disposal of the writ petition. Counsel for the Petitioner: 1.NARASIMHA REDDY. G . L Counsel for the Respondent(S); 1.GP FORMUNCIPALADMN URBAN DEV 2.GP FOR REVENUE 3 HN, J W.P.No.19798 2025 The Court made the following Order: 1. The petitioner is aggrieved by the unilateral action of respondentNos.2 to 4 in trying to demolish the petitioner’s house, which is under construction in Plot No. 105. 2. It is submitted that the petitioner was granted a house patta admeasuring 57.05 square yards in Venkatapuram Village, Visakhapatnam District. The same was also regularized by the 5 respondent. It is further submitted by the learned counsel for the petitioner that the petitioner is illiterate and was iaformed by her neighbors that there is no requirement for obtaining permission for construction on plots measuring below 60 square yards. The learned counsel for the petitioner submits that the State had th 3. issued G.O.Ms.No.114, dated 26.06.2025 mandating the submission of a formal application by paying a nominal fee and submitting the ? application through the online portal for any construction of a residential building in plots up to 60 square yards. Unmindful of the said G.O., the attempt of the respondents to demolish the petitioner’s house is under challenge. 4. The learned Standing counsel for respondent Nos.2 to 4 submits that the petitioner ought to have submitted an online application by paying the requisite nominal fee in terms of Clause 2 of G.O.Ms.No.114, dated 26.06.2025. 4 HN,j W.P.No.l9798_2025 5. Heard the learned counsel for the petitioner, the learned Standing counsel for the respondent Nos.2 to 4, and the learned Assistant Government Pleader appearing for respondent No.5. 6. The respondents are hereby restrained from interfering with the construction activity of the petitioner, subject to the petitioner complying with the requirement of the 2"'^ respondent by submitting an online application along with the construction plans within a period of one (01) month from the date of the receipt of this order. The same shall be considered in accordance with law. 7. Accordingly this writ petition is disposed off. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, sf^ stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// k SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Development Department, Secretariat, Velagapudi, Amaravathi. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 3. The Zonal Commissioner, Zone-VIII, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 4. The Town Planning Officer, Zone-VIII, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 5. The Tahsildar, Gopalapatnam Mandal, Visakhapatnam District. and Urban 6. One CC to Sri Narasimha Reddy. G . L Advocate [OPUC] 7. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn Urban Dev High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF ' "’> '1 HIGH COURT DATED:29/07/2025 I 2 I AUG-2025 ... Currani iiwnaii ORDER WP NO. 19798 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS