APHC010396102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20529 OF 2025 Between: 1. Sai Sampath Vinayaka Builders and Developers, Rep. by Managing Partners, D.No. 1.117-1/12, M.V.P Colony, Visakhapatnam. 2. Rajasekhar Palagudu, S/o Venkata Rao, aged 58 years. Managing Partner of Sai Sampath Vinayaka Builders and Developers, R/o 404, Elagant Empire, Visakhapatnam. 3. Patchala Srinivasa Rao, S/o P Radha Krishna, aged 55 years. Managing Partner of Sai Sampath Vinayaka Builders and Developers R/o 1-117-1/12, Royal Residency, Sector 12, M.V.P Colony, Visakhapatnam. Balayaa Sastry Layout, Seethamadara, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Department, Secretariat Buildings, Nelapadu Village, Amaravathi Guntur District 2. Vijayawada Municipal Corporation, Rep by its. Commissioner, Vijayawada. 3. Gali Venkateswara Rao, S/o Suryanarayana, age not known. Owner of # S.S.V. Mini Function Hall, Situated at D.No. 3-1-227, Ambedkar Road, Beside Sitara theatre, Vidyadharapuram, Vijayawada. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the acts of the 2'^'^ Respondent in permitting the un-authorized conversion and usage of residential flats as SSV Mini Function Hall and VIDIDHILLU situated at D.No.3-1-227, Ambedkar Road, Vidyadharapuram, Vijayawada by the 3^^ respondent as arbitrary, illegal, unconstitutional and against the provisions of Andhra Pradesh Municipal Corporation Act and consequently direct the 2"'^ Respondent to forthwith take necessary action for restoring the flats to residential purpose by removing the additional structures made to the building in contrary to the sanctioned plan and restore all the flats as per sanction plan by making it clear that the 3 respondent shall not be permitted to operate any commercial activity in the said residential building named ‘SSV VAIBHAV’ in violation to the sanctioned plan by further directing the 2'^'^ respondent to take necessary action against the 3'"'^ respondent for illegal and unauthorized conversion and usage of residential building. r rd 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 2"^ Respondent to ensure there is no commercial activities in SSV Mini Function Hall and VIDIDHILLU situated at D.No.3-1-227, Ambedkar Road, Vidyadharapuram, Vijayawada by sealing the premises and removing the hoardings of the function hall. .-.Counsel for the Petitioners: SRI PONNADA SREE WAS Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SRI S.V.S.S.SIVARAM, SC FOR VMC Counsel for the Respondent No.3:— The Court made the following order: V 3 ORDER: The learned counsel for the petitioners submits that the petitioners are aggrieved by the action of the 3'^'^ respondent in converting the residential building into a commercial establishment, whereas the building permission was sanctioned for the construction of a residential complex. However, the landlord has converted the floor into a mini function hall and the 2"^ floor to let out rooms for the functions booked on the floor. It is submitted that the petitioners are builders, and on account of the 3'^^ respondent converting the building as “SSV Mini Function Hall and Vididhillu,” the petitioners are unable to sell the flats which fell to the share of the petitioners, in this regard, the petitioners submitted a representation to the 2"^ respondent, and notices dated 08.10.2024 and 19.12.2024 were issued. However, the 2"^ respondent has not taken any action on the notices. Heard the learned counsel for the petitioners and the learned Standing Counsel for the 2"^ respondent. This Court is of the considered view that the writ petition can be disposed of at the admission stage, by directing the 2'^^ respondent to take further action in pursuance of the notice issued to the 2'^^ respondent, within a period of six (06) weeks from the date of receipt of a copy of this order, and to that the building is used strictly for the purpose for which building plan sanctioned, subject to any modifications in the sanctioned plan, if any, approved by the 2^^ respondent as on date. There shall be no order as to costs. \ 2. 3. 4. ensure was 4 As a sequel, miscellaneous petitions pending, if a^ny^ shall stand closed. Sd/- V. DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Department, State of Andhra Pradesh, Secretariat Buildings, Nelapadu Village, Amaravathi Guntur District Commissioner, Vijayawada Municipal Corporation, Vijayawada.(BY RPAD) 3. One CC to Sri Ponnada Sree Vyas, Advocate [OPUC] 4. One CC to Sri S.V.S.S.Sivaram, SC For VMC [OPUC] 5. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 6. Two CD Copies. 2. The ssb HIGH COURT \ DATED:05/08/2025 ORDER WP No.20529 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS