APHC010395032015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 139/2015 Between: K. Sanyasi, ...PETITIONER AND State Of Andhra Pradesh Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G VENKATA REDDY Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “….to issue an order or direction more particularly one in the nature of Writ of mandamus declaring the impugned orders in Rc.N0.2038/2014/ACP-II, Dt.06.01.2015 issued by the 3rd respondent directing the petitioner to remove the 2nd floor structures of the building bearing D.No.55-6-39 situated in S.No.30/2, Ambedkar Colony, Isukathota, Maddilapalem, Visakhapatnam Town 86 District within 24 hours by leaving all other neighbouring G + 2 & G + 3 illegal constructions made in an extent of 96, 60, 49 squre yards without obtaining any permission, as illegal, arbitrary and discriminatory, and consequently set aside the aforesaid impugned orders dt.06.01.2015 by directing the 2nd respondent not to interfere either with the petitioner, aforesaid construction activity or possession and enjoyment of the aforesaid house., and to pass.” 2. The petitioner herein has submitted an application to the Tahsildar, Visakhapatnam in the year 1982 for allotment of house site, in pursuance of which, after due enquiry, the petitioner was granted house site patta vide proceedings dated 16.05.1982 admeasuring to an extent of 96 square yards in Sy.No.30/2 Ambedkar colony, Maddilapalem, Visakhapatnam district wherein the petitioner has constructed a house with the door No.55-6- 39 and has been residing in the said property. Thereafter, the petitioner vide application dated 10.03.2014 has sought permission from the 2nd respondent for constructing a building consisting of ground + first floor and was granted permission vide proceedings dated 10.06.2014 and thereafter, the petitioner has also constructed a building in accordance with the approved plan. 3. On 31.07.2014, the petitioner has submitted another application for construction of 2nd floor on the existing building, pending which the petitioner has started constructing under the deemed provision. While so, on 02.08.2014, the 2nd respondent has issued a notice to the petitioner seeking explanation, pursuant to which the petitioner has approached the 2nd 3 respondent and has assured that he would not proceed with further constructions. 4. Subsequently, the 2nd respondent, without even issuing any further notice and orders as required under Section 452(2) and 636 of the MC Act, has started demolishing the structures made by the petitioner on the 2nd floor of the subject property. Hence, the petitioner has filed W.P.No.39426 of 2014 before this Court wherein this Court, on 24.12.2014 has granted interim order directing the 2nd respondent not to demolish the remaining structures in the 2nd floor without following the procedure. 5. In pursuance of the same, the 2nd respondent issued notice dated 02.08.2014 under Section 452(1) for which the petitioner has submitted his explanation on 26.12.2014, without considering which the respondent authorities have issued the impugned orders dated 06.01.2015 under Section 636 of the GHMC Act, 1955 directing the petitioner to remove the structures on the 2nd floor of the subject building. Aggrieved by which, the petitioner has filed the present writ petition. 6. When the writ petition came up for hearing on 07.01.2015, this Court has granted interim stay of the impugned proceedings until further orders. 7. Heard learned counsel for the petitioner and Mr. A.S.C. Bose, learned Standing Counsel for the respondent corporation. 8. Today when the writ petition came up for hearing learned Standing Counsel has produced a copy of instructions dated 04.01.2025 wherein it is stated that on field verification, it was noticed that a building with ground + 3 upper floors exists on the ground and that the petitioner has regularized the building vide proceedings No.BPS/VIS/Z2/10/4785615, dated 4 30.09.2016. It is further stated that the petitioner has occupied the said building and property tax for ground + 3 floors was also imposed. 9. Recording the instructions submitted by learned Standing Counsel, this writ petition is disposed of and the impugned proceedings dated 06.01.2015 passed by the 3rd respondent are hereby set-aside. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date: 05.02.2025 Gss