APHC010484642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24629/2025 Between: 1. SRI. KANAKARAJU PALLELA,, AGED 57 YEARS S/O. APPALANAIDU, H.NO.21-26/1/1, NEAR INS DEGA, VIMAN NAGAR, VISAKHAPATNAM. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ZONAL COMMISSIONER, GVMC ZONE-VIII, VISAKHAPATNAM DISTRICT. 4. TOWN PLANNING OFFICER, ZONE-VIII, GVMC, VISAKHAPATNAM. ...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 tomay be pleased to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th Respondent in issuing Show Cause Notice dated 27.08.2025 and threatening demolition of building of the Petitioners house bearing D.No.7-16, Santosh Nagar, Cheemalapalli Village, Zone-VIII, Visakhapatnam, Ward No.95 to an extent of 189.96 Sq.Mts at Sy.No.18P without considering the petitioners reply dated 01.09.2025 as illegal, unjust, mala-fide, arbitrary, violative of principles of natural justice, unconstitutional and in violation of Articles 14, 21 and 300-A of the Constitution of India and to Consequently direct the Respondents not to take any coercive action or demolish the structures of the petitioners construction pending due consideration of his explanation and until due process is strictly followed and pass such 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 may be pleased to Direct the Respondents 3 & 4 not to take any coercive action, including demolition of the Petitioner’s house bearing D.No.7-16, Santosh Nagar, Cheemalapalli Village, Zone-VIII, Visakhapatnam, Ward No.95 to an extent of 189.96 Sq.Mts at Sy.No.18P pending disposal of the above Writ Petition and pass such 2 Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24629/2025 ORDER : 1. The petitioner is aggrieved by the action of the respondents in proposing to demolish the alleged portion of construction which is taken up in deviation of the sanctioned plan. 2. The learned counsel for the petitioner submits that the petitioner received a notice on 28.08.2025 calling upon the petitioner to remove the unauthorized construction of columns and brick work on the third floor. It is submitted that a representation dated 01.09.2025 duly informing the respondent authorities that the construction of the third floor was under the assumption that the same is in alignment with the permission sanctioned. It is also submitted that soon after receipt of the said notice, further construction has been stalled by the petitioner. The learned counsel for the petitioner submits that the petitioner is seeking an extension of 15 days for submitting the relevant documents to the 2nd respondent for their consideration. 3. The learned standing counsel appearing for the 2nd respondent on written instructions submits that during an outdoor inspection, the Town Planning Office Staff noticed the unauthorized construction and promptly issued a notice. It is also submitted that no coercive steps have been taken and in the event of the petitioner submits his reply along with relevant documents necessary orders would be passed. 4 4. Recording the submissions, the petitioner shall submit a fresh representation along with all necessary documents for consideration of the 2nd respondent and 2nd respondent on receipt of the same shall consider the same in accordance with law and pass necessary orders, pending such consideration the respondents shall not take any coercive steps against the property of the petitioner subject to the petitioner taking up any further construction. 5. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 5 96 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.24629 OF 2025 Dated 11.09.2025 KGM