1 HN, J W.P.No.21787_2025 APHC010427682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21787/2025 Between: 1. SMT. NAMBALA SANTHOSHI ROOPA, , W/O. MULA GOVINDA RAO, AGED ABOUT 39 YEARS, OCC- HOUSEWIFE, RESIDENT OF H.NO.39-18-85/10, BEHIND KUNCHUMAMBA TEMPLE, MADHAVADHARA, VISAKHAPATNAM. 2. SRI MULA GOVINDA RAO,, S/O. M.KRISHNA MURTHY, AGED ABOUT 46 YEARS, OCC- BUSINESS, RESIDENT OF H.NO.39-18- 85/10, BEHIND KUNCHUMAMBA TEMPLE, MADHAVADHARA, VISAKHAPATNAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ASSISTANT CITY PLANNER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-V, VISAKHAPATNAM. 4. THE ZONAL COMMISSIONER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-V, VISAKHAPATNAM. 2 HN, J W.P.No.21787_2025 ...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 topleased to issue Writ, or Direction especially one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 4 in interfering with the construction of residential house of the petitioners in plot No. 12 measuring an extent of 255.16 Square meters in Survey No.33/4D (Old Survey No.33/3,4 part) of Madhavadhara, Visakhapatnam Urban Mandal, Visakhapatnam, without following the due process of the law as illegal, arbitrary, unconstitutional and consequently direct the respondents No. 2 to 4 herein not to interfere with the construction of residential house of the petitioners in plot No. 12 measuring an extent of 255.16 Square meters in Survey No.33/4D (Old Survey No.33/3,4 part) of Madhavadhara, Visakhapatnam Urban Mandal, Visakhapatnam, without following the due process of law and pass IA 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 respondents No. 2 to 4 herein not to interfere with the construction of residential house of the petitioners in plot No. 12 measuring an extent of 255.16 Square meters in Survey No.33/4D (Old Survey No.33/3,4 part) of Madhavadhara, Visakhapatnam Urban Mandal, Visakhapatnam, without following the due process of law, pending disposal of the writ petition. Counsel for the Petitioner(S): 1. NARASIMHA REDDY. G . L Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.21787_2025 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21787 of 2025 ORDER: 1. The petitioner is aggrieved by the unilateral action of the respondent authorities interfering with the construction activity of the petitioner. It is submitted that the petitioner obtained building permission for the construction for a residential house and is currently engaged in construction over a plot purchased in 2021. It is further submitted that the 2nd respondent, along with the respondent Nos.3 and 4, approached the petitioner and interfered with the construction activity. Aggrieved by the same, the present writ petition has been filed. 2. The learned Standing counsel appearing for respondent Nos.2 to 4 submits that the 3rd respondent has visited the site and submitted photographs which indicate that except for a shed, there is no construction activity on the said plot. That apart, it is submitted that the building permission sanctioned on 09.12.2021 is valid till 09.12.2024, and that the petitioner is required to submit a fresh application and pay the requisite building permit fee. The petitioner has filed the writ petition in order to comply with these requirements. It is also submitted that the property purchased by the petitioner falls under the ULC and requires a No Objection Certificate (NOC) from the revenue authorities. On the contrary, the learned counsel for the petitioner submits that the property was registered in August 4 HN, J W.P.No.21787_2025 2021 and that there is no bar to registration under Section 22(A)(1)(d) of the Registration Act, hence there is no requirement for the petitioner to submit an NOC from the revenue authorities. 3. The learned Standing counsel for respondent Nos.2 to 4 further submits that the petitioner is required to submit a fresh application for building permission, which will be duly considered upon receipt, along with compliance of any other shortfalls as may be required. 4. Be that as it may, status quo shall be maintained insofar as the possession of the petitioner is concerned. 5. It is left open for the petitioner to submit a fresh application for revised/renewed/fresh building permission. Until such time, no coercive steps shall be taken against the petitioner. 6. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:19.08.2025 NKA 5 HN, J W.P.No.21787_2025 13 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21787 of 2025 Date: 19.08.2025 NKA