APHC010410682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITIONNO: 20947 OF 2025 Between: M/s. MW & MK HOUSING, A Partnership Firm, Having its office at MW & MK Park, Club House, 2"^ Floor, Door No.31-22-28, Kurmamnapalem, Revenue Ward-58, Vishakhapatnam- 530046 Represented by its Managing Partner Sri. M.V.V Satyanarayana. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi Amaravati, Guntur District, A.P. 2. Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Tenneti Bhavan, Visakhapatnam, A.P. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation Zone VI, Gajuwaka, Visakhapatnam. 4. The Town Planning Officer, Greater Visakhapatnam Municipal Corporation Zone VI, Gajuwaka, 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 a writ, order or direction more particularly one in the nature of ^ the Writ of Mandamus declaring that the action of the 2nd Respondent issuing impugned Provisional Order vide Notice No. 152 /1086/GVMC/UC/202 5 dated. 28.07.2025, received on 02.08.2025 and the further action of the 2nd Respondent in trying to demolish the premises situated at Sy.No.55-3 of Mvv Mk Street/Colony, Kurmamnapalem area, within the Greater Vishakhapatnam Municipal Corporation Limits, Vishakhapatnam, A.P, consisting of 6 number of fully completed residential building/s and 2000 number of residential flat/s, without considering the Petitioners reply dt.05.08.2025, without conducting any physical inspection of the Petitioners premises, without passing any speaking or well reasoned order, as arbitrary, illegal, in violation of principles of Natural Justice, contrary to provisions of the Municipal Corporation Act, 1955 besides being violative of Articles 14, 21 and 300A of the Constitution of India and consequently set aside the impugned Provisional Order vide Notice No. 152 /1086 /GVMC/UC/2025 dated. 28.07.2025 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 Respondent No.2 herein not to take any coercive steps including demolishing of residential building premises situated at Sy.No.55-3 of Mvv Mk Street/Colony, Kurmamnapalem area, within the Greater Vishakhapatnam Municipal Corporation Limits, Vishakhapatnam, A.P, consisting of 2000 number of fully completed Residential Flats, pursuant to the Provisional Order vide Notice No. 152/ 1086 / GVMC/ DC/ 2025 dated.28.07.2025 Counsel for the Petitioner; SRI CKR ASSOCIATES Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondents No.2 to 4: SRI A S C BOSE The Court made the followingorder: 1 HN, J W.P.No.20947 2025 APHC010410682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20947/2025 Between: 1.MW AND MK HOUSING, A PARTNERSHIP FIRM, HAVING ITS OFFICE AT MW AND MK PARK, CLUB HOUSE, 2ND FLOOR, DOOR NO.31-22-28, KURMAMNAPALEM, VISHAKHAPATNAM- 530046 REPRESENTED BY ITS MANAGING PARTNER SRI. M.V.VSATYANARAYANA. REVENUE WARD-58, ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL DEPARTMENT OF MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. A.P. SECRETARY AND 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, TENNETI BHAVAN REPRESENTED BY ITS COMMISSIONER VISAKHAPATNAM, A.P. 3.THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. ZONE VI, GAJUWAKA, 4.THE TOWN PLANNING OFFICER, GREATER VISAKHAPATNAM ZONE VI, GAJUWAKA, MUNICIPAL CORPORATION VISAKHAPATNAM. ...RESPONDENT(S): 2 W.P.No.20947 2025 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 topleased to issue a writ, order or direction more particularly one in the nature of the Writ of Mandamus declaring that the action of the 2nd Respondent issuing impugned Provisional Order vide Notice No. 152 /1086 /GVMC/UC/2025 dated. 28.07.2025, received on 02.08.2025 and the further action of the 2nd Respondent in trying to demolish the premises situated at Sy.No.55-3 of Mvv Mk Street/Colony, Kurmamnapalem area, within the Greater Vishakhapatnam Municipal Corporation Limits, Vishakhapatnam, A.P, consisting of 6 number of fully completed residential building/s and 2000 number of residential flat/s, without considering the Petitioners reply dt.05.08.2025, without conducting any physical inspection of the Petitioners premises, without passing any speaking or well- reasoned order, as arbitrary, illegal, in violation of principles of Natural Justice, contrary to provisions of the Municipal Corporation Act, 1955 besides being violative of Articles 14, 21 and 300A of the Constitution of India and consequently set aside the impugned Provisional Order vide Notice No. 152 /1086 /GVMC/UC/2025 dated. 28.07.2025 and/or pass 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 pleased to direct the Respondent No.2 herein not to take any coercive steps including demolishing of residential building premises situated at Sy.No.55-3 of Mvv Mk Street/Colony, Kurmamnapalem area, within the Greater Vishakhapatnam Municipal Corporation Limits, Vishakhapatnam, A.P, consisting of 2000 number of fully completed Residential Flats, pursuant to the Provisional Order vide Notice No. 152/ 1086 / GVMC/ DC/ 2025 dated.28.07.2025 and pass Counsel for the Petitioner: 1.CKR ASSOCIATES Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 3 HNJ W.P.No.20947 2025 The Court made the following Order: The petitioner is aggrieved by the notice dated 28.07.2025, whereby the petitioner has been called upon to submit a reply as to why the alleged deviations should not be demolished. It is submitted that the petitioner has 1. submitted a detailed reply on 05.08.2025. It is further submitted that only minor deviations exist in the subject building. It is submitted that the property forms part of a residential township 2. comprising approximately 2000 flats, out of nearly 80% have already been occupied, and occupancy certificates have been issued by the respondent authorities in many such cases. At this stage, the issuance of the impugned notice directing the petitioner 3. to halt further construction is unwarranted. Be that as it may, the respondent authorities are directed to duly consider that building permission was sanctioned, and the construction has been completed. Further, the extent of occupancy within the township and the nature of the alleged deviations shall also be taken into account before initiating any action in respect of the alleged unauthorized/deviated portion. 4. Pending such consideration, no coercive steps shall be taken against the 5. petitioner or the subject building. 4 HN.i W.P.No.20947_202^^^ Accordingly, the present writ petition is disposed off. There shall be no 6. order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat, Velagapudi, Amaravati, Guntur District. A.P. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Visakhapatnam, A.P. 3. The Zonal Commissioner, Greater Visakhapatnam Municipal Corporation Zone VI, Gajuwaka, Visakhapatnam. 4. The Town Planning Officer, Greater Visakhapatnam Municipal Corporation Zone VI, Gajuwaka, Visakhapatnam. 5. One CC to SRI CKR ASSOCIATES Advocate [OPUC] 6. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 7. One CC to SRI A S C BOSE, Standing Counsel for Municipal Corporation [OPUC] 8. Two CD Copies gsg n ¥ HIGH COURT DATED: 06/08/2025 ORDER WP NO. 20947 OF 2025 DISPOSING THE WP WITHOUT COSTS