APHC010421242025 IN THE HIGH COURT OF ANDHRA PRADESH SMB AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21435 OF 2025 Between: Vakati Krishna Chaitanya, S/o Damodarareddy, aged bout 46 years, Occ Private Employee R/o D.No 2-133, West street,Kotapoluru, Sullurupeta Mandal, Tirupati District, Earstwhile SPSR Nellore District. ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principle Secretary to Municipal Administration department. Interim Secretariat Buildings, Tulluru Mandal, Guntur District. 2. The Sulluripeta Municipality, Represented By it Municipal Commissioner, Sulluripeta Town, and Mandal Tirupati District,(Earstwhile SPSR Nellore). ...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 Writ of Mandamus declaring the high handed action of 2 nd respondent in attempting to demolish the Residential Building in D.No. 5-2- 167, in Rs No 82/10 to an extent of 213 plus 188 total is equal to 401 square yards situated at Nagarajapuram Street,Sulluripeta Municipality, Tirupati dated 25.03.2025 and District with out considering the Explantions 01.07.2025 submitted by the petitioner againest the Confirmation Order of Cemmissioner Sulluripeta Municipality Vide Notice. 02mi152/SLP/UC/2025 dated 19.03.2025 and Letter Roc.No.200/2025/G1 dated;2&^6.2025 is illegal arbitrary, violation of principals of natural justice, , apart "from contrary to Articles 14, 19, 21 of constitution of India and No. ' i' conssequently direct the 2nd respondent to STAY of all further procedings of Confirmation Order of Commissioner Sulluripeta Municipality Vide Notice No. 02/7/1152/SLP/UC/2025 dated 19.03.2025 and Letter Roc.No.200/2025/G1 dated 28.06.2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to directed the 2nd respondent to STAY of all further proceedings of Confirmation Order Vide Notice; 19.03.2025 and Letter No:02/7/1152/SLP/UC/2025 dated Roc.No.200/2025/G1 dated 28.06.2025 pending disposal of main writ petition. Counsel for the Petitioner: SRI TATA SINGAIAH GOUD Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following order: APHC010421242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21435/2025 Between; 1.VAKATI KRISHNA CHAITANYA, , S/0 DAMODARAREDDY. AGED BOUT 46 YEARS, OCC PRIVATE EMPLOYEE R/0 D.NO 2-133, WEST STREET,KOTAPOLURU, SULLURUPETA MANDAL, TIRUPATI DISTRICT, EARSTWHILE SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REP BY ITS PRINCIPLE SECRETORY TO MUNICIPAL ADMINISTRATION DEPARTMENT. SECRETARIAT BUILDINGS, DISTRICT. 2.THE SULLURIPETA MUNICIPALITY, REPRESENTED BY IT MUNICIPAL COMMISSIONER, SULLURIPETA TOWN, AND MANDAL TIRUPATI DISTRICT,(EARSTWHILE SPSR NELLORE). INTERIM TULLURU MANDAL, GUNTUR ...RESPONDENT(S): 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 topteased to issue an appropriate writ, order, or direction, more particularly one in the nature of Writ of Mandamus declaring the high handed action of 2 nd respondent in attempting to demolish the Residential Building in D.No. 5-2-167, in Rs No 82/10 to an extent of 213 plus 188 total is equal to 401 square yards situated at Nagarajapuram Street,Sulluripeta Municipality, Tirupati District with out considering the Explantions dated 25.03.2025 and 01.07.2025 submitted by the petitioner againest the Confirmation Order of r -2- WP_21435_2025 DATE OF ORDER: 12.08.2025 Commissioner 02/7/1152/SLP/UC/2025 dated 19.03.2025 and Letter Roc.No.200/202 5/G1 dated 28.06.2025 is illegal arbitrary, violation of principals of natural justice, apart from contrary to Articles 14, 19, 21 of constitution of India and conssequently direct the 2nd respondent to STAY of all further procedings of Confirmation Order of Commissioner Sulluripeta Municipality Vide Notice No. 02/7/1152/SLP/UC/2025 dated 19.03.2025 and Letter Roc.No.200/202 5/G1 dated 28.06.2025 and to pass lA NO: 1 OF 2025 Sulluripeta Municipality Vide Notice. No. 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 directed the 2nd respondent to STAY of all further procedings of Confirmation Order Vide Notice; No;02/7/1152/S LP/UC/2025 dated 19.03.2025 and Letter disposal of main writ petition and to pass Roc.No.200/2025/G1 dated 28.06.2025 pending Counsel for the Petitioner: 1.TATASINGAIAH GOUD Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: -3- WP_21435_2025 DATE OF ORDER: 12.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.21435 OF 2025 ORDER: Heard the submissions of the learned counsel for the petitioner and the learned standing counsel for the 2^^ respondent. The learned counsel for the petitioner submits that the petitioner is aggrieved by the confirmation order, dated 19.03.2025, whereby a reference to the provisional notice, dated 12.03.2025, was issued. The learned counsel for the petitioner further submits that the 2 respondent ought to have served the provisional notice duly notifying the deviations in the building and adequate time ought to be given to the petitioner for submitting a reply. It is also submitted that the confirmation order was passed on 19.03.2025 by recording that the petitioner has not submitted a reply to the show cause notice. The learned counsel for the petitioner submits that the explanation to the show cause notice could have been submitted if the petitioner was notified of the deviations and the petitioner is willing to rectify the deviations if any committed. The learned standing counsel appearing for the 2'^'^ respondent submits that the permission was granted for construction of residential premises with ground and two upper floors. It is submitted that even as per the photographs submitted along with the writ petition would show that the 1. 2. nd 3. 4. -4- WP_21435_2025 DATE OF ORDER: 12.08.2025 petitioner had constructed ground plus three floors and that the steel columns for further floors are also visible in the photographs. 5. Be that as it may, non-service of the show cause notice petitioner cannot sustain the confirmation order, and hence impugned proceedings are hereby set aside, leaving it open to the respondent authority to take appropriate steps in accordance with law. 6. Accordingly, the writ petition is disposed of. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. upon the the SD/- K SRjNJVASA RAJU ASSIS^NT^QISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principle Secretary, State of Andhra Pradesh, Municipal Administration department. Interim Secretariat Buildings, Tulluru Mandal, Guntur District. 2. The Municipal Commissioner, Sulluripeta Municipality, Sulluripeta Town, and Mandal Tirupati District,(Earstwhile SPSR Nellore). 3. One CC to SRI. TATA SINGAIAH GOUD, Advocate [OPUC] 4. Two CCs to THE GP MUNCIPAL ADMN AND URBAN DEV, High Court Andhra Pradesh at Amaravati. [OUT] 5. Two CD Copies of nm HIGH COURT DATED: 12/08/2025 ORDER WP NO. 21435 OF 2025 ^ 17 SEP 2025 ntSectio DISPOSING OF THE WP WITHOUT COSTS