IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 42417 OF 2016 Between: M/s. Madhavi Enterprises, rep. by its Partner, Sri Veepuri Chandrasekhar Raju, S/o. late WSN Raju, Aged 42 years, r/o. 53-19-22/8. Chaitanya Nagar, Maddelapalem, Visakhapatnam. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration. A.P. Secretariat, Velagapudi, Tullur (Mandal), Guntur District-52250. 2. The District Collector, Visakhapatnam District,Visakhapatnam. 3. The Greater Visakhapatnam Municipal Corporation, Thenneti Bhavan, Aseelmetta Junction, Visakhapatnam rep by its Commissioner. 4. The Director, Town Planning, Municipal Administration and Urban Development, Guntur. 5. The Commissioner of Police, Visakhapatnam. 6. The Deputy Director, Mines & Geological Department, Visakhapatnam. 7. Smt. Villa Nagalakshmi, W/o, V.Sreenivasa Rao, Aged 52 years, r/o D.No.58-20-28/4, Sri Sai Nivas, APSEB Colony, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, direction or Writ more particularly 0 one in the nature of Writ of Mandamus declaring the action of the respondents N0.1 to 6 in not taking action against the respondent No.7 illegally arbitrary and against the birilding permission rules, contrary to the rights enshrined under articles, 14 and 21 of Constitution of India and direct to take necessary action against the respondent No.7 in pursuance of petitioner representations dt.04-04-2013, 19-09-2016, 24-10-2016 and 07-11-2016 for making unauthorized constructions in the government land, in the interest of justice. as I.A. NO: 1 OF 2016fWPMP. NO: 52294 OF 2016) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent Nos.2. 3 and 5 to stop the respondent No.7 from starting the Function Halls and 53 lodge rooms in building bearing No.58-285, NAD Cross roads, Visakhapatnam (Sal Villa Chambers and Sai Villa Mansion), in the interest of justice pending disposal of the above writ petition. Counsel for the Petitioner: SRI CHETLURU SREENIVAS Counsel for the Respondent No.5: GP FOR HOME Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.6: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.2- GP FOR REVENUE i Counsel for the Respondent No.7: SRI V SURYA KIRAN KUMAR Counsel for the Respondent Nos.3 & 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER 1 VSJ W.P.No.42417 of 2016 APHC010397232016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 42417/2016 Between: M/s. Madhavi Enterprises, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.CHETLURUSREENIVAS Counsel for the Respondent(S): 1.GP FOR HOME (AP) 2.GP FOR MINES AND GEOLOGY (AP) 3. 4.GP FOR REVENUE (AP) 5.VSURYA KIRAN KUMAR 6.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 7. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2 VS,J W.P.No.42417 of 2016 The Court made the following Order: This Petition is filed under Article 226 of the Constitution of India seeking the following relief: .to issue an order direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No. 1 to 6 in not taking action against the respondent No. 7 as illegally arbitrary and against the building permission rules contrary to the rights enshrined under articles 14 and 21 of Constitution of India and direct to take necessary action against the respondent No.7 in pursuance of petitioner representations dt 04.04.2013, 19.09.2016, 24.10.2016 and 07.11.2016 for making unauthorized constructions in the government land In the interest of justice and to pass.." 02. The case of the petitioner is that his firm was registered under the Indian Partnership Act 1932 with a registration No.35 of 2009. He entered into a lease agreement with Respondent No.7 who is the owner of building No.58-285, NAD Cross Roads Visakhapatnam, for leasing out the shop Nos. 101 & 102 for conducting business in the name and style of Dhanunjaya Fried Chicken Restaurant (DFC) and thereafter by spending huge amounts the petitioner firm has taken independent electricity connection also. While things stood thus, the 7*^ respondent indulged in illegal activities by making unauthorized constructions in the 3 VS,J \A/.P.No.42417 of 2016 subject property by constructing different floors and by letting out one portion in the first floor to one Alpha Hotel and Aritaku Hotel wherein they started cooking by burning firewood. The petitioner requested the 7*^ respondent to avoid such activity as it would not only cause inconvenience but also is prone to accident. The respondent did not take any action. Having no alternative, the petitioner has given a complaint to the 3'^^ respondent/Municipa l Corporation for taking appropriate action. Further on 19.0.2016, the petitioner firm addressed a representation to the Superintendent of Police/5*^ respondent, bringing to their notice the difficulties faced by public because of illegal constructions of the respondent, which is located in the main road of NAD Junction, Vishakapatnam because of which there is a lot of traffic congestion which is causing parking problem and is also prone for accidents. While things thus stand, the building constructed by the 7 respondent in Sy.No.31/1A1 of Buchiraju palem is also classified as government land. As the respondent Nos.2, 5 and 6 are not initiating any action against the 7'^ respondent inspite of the petitioner’s representation, the present writ petition is filed. th 4 VS,J W.P.No.42417 of 2016 03. Heard Sri Mr.Surya Kumar, learned counsel for the respondent No.7. Sri A.S.C.Bose, learned Standing Counsel representing respondent Nos.3 and 4. None appeared on behalf of the learned counsel for the petitioner. 04. Sri A.C.S Bose, learned Standing Counsel on instructions of the GVMC Commissioner, Vishakapatnam/2"'^ respondent submitted that the petitioner has filed a representation requesting the corporation to take action against unauthorized constructions in government land in premises bearing Door No.58-1-187 situated in Sy.No.31/1/A1 of Bhuchirajupalem. But as per the survey report submitted by the Town Surveyor, GVMC the said land falls under Sy.No.31/1A2 part vide office No.313329/2022 on 27.04.2022. It is further submitted that TP staff has inspected the building and observed that the building permission was granted vide B.A.NO.12404/2004/ACP-III dated 18.03.2005, in favour of Smt. B.Nagalakshmi for the constructions of a residential apartment with slit parking and G+4 upper floors and on verification, the builder has converted the building into a commercial building deviating from the approved plan, and also constructed the unauthorized constructions in 5^'^ floor. Further 5 VS,J W.P.No.42417 of 2016 submitted that the commercial establishments in the building, which includes hotel, restaurants, a dental hospital, software office, guest rooms and a function hall. Further the builder has submitted an application for regularization of the building under Builidng penalization Scheme vide BPSA/TS/Z6/66/8581516 dated 28.01.2016, which was still in pending and the present the said BPS scheme is closed. Perused the material available on record. 05. 06. The facts of the petition are not in dispute. It is clear from the instructions that the TP staff has inspected the building and found that the building permission was granted vide B.A.NO.12404/2004/ACP-III dated 18.03.2005, in favour of Smt. V.NagalakshmiM*" respondent for the constructions of a residential apartment with parking stilt and G+4 upper floors and upon verification, respondent authorities found that subject building was converted into a commercial building deviating from the approved plan and in addition the respondent has also made unauthorized constructions in the 5*^ floor. Thereafter, the 7'^ respondent, has made an application for penalization of 6 VS, J W.P.No.42417 of 2016 building under BPS scheme and the same is pending for consideration. Admittedly, in the instructions nowhere mentioned whether the respondent authorities have passed any orders on the representations submitted by the petitioner on 04.04.2013 19.09.2016, 24.10.2016, and 07.11.2016 or not. 07. In view of the same, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities to pass appropriate orders on the petitioner’s representations dated 04.04.2023, 19.09.2016 24.10.2016 and 07.11.2016 within a period of four weeks from the date of receipt of copy of this order. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. j Sd/- P.U.V.BHASKAR RAO ASSISTANT REGlST^rR //TRUE COPY// SEetlON OFFICER To. 1. The Principal Secretary, Municipal Administration. A.P. Secretariat, Velagapudi, Tullur (Mandal). Guntur District-52250. 2. The District Collector,Visakhapatnam District,Visakhapatnam. 3. The Commissioner, Greater Visakhapatnam Municipal Corporation, Thenneti Bhavan, Aseelmetta Junction, Visakhapatnam. / 4. The Director, Town Planning, Municipal Administration and Urban Development, Guntur. 5. The Commissioner of Police, Visakhapatnam. 6. The Deputy Director, Mines & Geological Department, Visakhapatnam. 7. One CC to Sri Chetiuru Sreenivas Advocate [OPUC] 8. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 12. One CC to Sri V Surya Kiran Kumar Advocate [OPUC] 13. One CC to Sri A S C Bose, SC for Municipalities, Advocate [OPUC] 14. Three CD Copies TF HIGH COURT DATED;14/02/2025 ORDER WP.No.42417of 2016 '^1 01 APR 2125 Current Seciion DISPOSING OF THE W.P., WITHOUT COSTS