A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 743 OF 2025 Between: P Shyam Prasad Reddy, S/o.Chenchurama Reddy, aged about 52 years, R/o.Allampadu Village, Kota Mandal, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration Department, Secretariat buildings. Secretariat, Velagapudi, Guntur District, Andhra Pradesh 2. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore. 3. The Nellore Urban Development Authority, Rep. by its Vice Chairman, Nellore. ...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the building constructed vide building permit N0.1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024, pursuant to the notice NO.47/1031/NLR/UC/2024, dt.28.12.2024 issued u/s. 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R and U.D.A. Act, 2016 as illegal, arbitrary, violation of principles of natural justice and violation of provisions of A.P.M.C. Act, 1955 and A.P.M.R and U.D.A. Act, 2016 and A consequently direct the respondents not to demolish the building constructed vide Permit No.1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024 by setting aside the notice vide No.47/1031/NLR/UC/2024, dt.16.12.2024 and Notice No.47/1031/NLR/UC/ 2024, dt.28.12.2024 respectively issued by the 2rid respondent. lA NO: 1 OF 2025 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 respondents not to demolish the building constructed vide Permit No.1031/1830/ B/NMC/TKPYT/2023, dt.23.11.2024 by suspending the notice vide NO.47/1031/NLR/UC/2024, dt. 16.12.2024 and Notice No.47/1031/NLR/UC/ 2024, dt.28.12.2024 respectively issued by the 2nd respondent pending disposal of the Writ petition. Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent No.1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) The Court made the following: ORDER % APHC010014772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 743/2025 Between: ...PETITIONER P Shyam Prasad Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent{S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 0 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...fo /ssue a mW of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the permit vide building building No. 1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024, pursuant to the notice constructed NO.47/1031/NLR/UC/2024 dt 28.12.2024 issued u/s. 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016 as illegal, arbitrary, violation of principles of natural justice and violation of provisions of A.P.M.C. Act, 1955 and A.P.M.R. and U.D.A. Act, 2016 and consequently direct the respondents not to demolish the building constructed vide Permit No.1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024 by setting aside the notice vide No.47/1031/NLR/UC/2024 dt.16.12.2024 and Notice No.47/1031/NLR/UC/2024 dt 28.12.2024 respectively issued by the 2^^ respondent and pass... ” 2. The brief facts of the case are that the petitioner had submitted an application for construction of residential building with G+4 floors+stilt at Door No.24-7-147/1, Magunta Layout, Nellore, SPSR Nellore District, to the respondent No.3. Pursuant to which, the respondent No.3 vide proceedings in Permit No.1031/1830/B/NMC/TKPYT/2023, dated 23.11.2024, granted building permission to the petitioner for construction of residential apartment building. While the matter stood thus, the respondent No.2 issued a notice NO.47/1031/NLR/UC/2024, datedi6.12.2024, u/s. 452 (1) and 461 (1) of M.C. Act, 1955 and u/s. 86, 89(1 & 2), 90(1) of A.P.M.R. and U.D.A. Act, 2016, calling for the explanation from the petitioner on the ground that the petitioner has made constructions by deviating the sanctioned plan in the subject land. As the petitioner failed to submit his explanation, the respondent No.2 issued Notice NO.47/1031/NLR/UC/2024 dated 28.12.2024 issued u/s. 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016, by duly confirming the notice dated 16.12.2024. Thereafter, the petitioner had submitted an explanation to the notices dated 16.12.2024 and V 28.12.2024 respectively. The grievance of the petitioner is that, however, without considering the same, the respondent No.2 had once again issued another notice under Sections 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016, directing the petitioner to bring down the construction made by him into rule frame within seven (07) days from the date of receipt of the said notice or otherwise action will be initiated against the petitioner. Aggrieved by the same, the petitioner had filed the present writ petition. 3. Heard C.Subodh, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.1 and Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent No.2 and 3 and perused the material available on record. Today when the matter came up for admission, learned Standing Counsel appearing for the respondent No.2 has furnished a copy of instructions dated 09.01.2025, issued by the Deputy City Planner, Nellore Municipal Corporation, wherein it is stated that the petitioner has constructed an un-authorized extra floor with deviations from the approved plan and as notice 4. provisional respondent NO.47/1031/NLR/UC/2024, datedi6.12.2024, calling an explanation from the petitioner. But, as the petitioner has failed to submit an explanation to the said notice dated 16.12.2024, the respondent No.2 had confirmed the same vide No.2 issued such the Notice NO.47/1031/NLR/UC/2024 dated 28.12.2024. For better appreciation Section 452 (2) of A.P.M.C. Act is extracted 5. hereunder: 452.Proceedinas to be taken in respect of building or work commenced contrary to Act or bye-laws:— If such person shall fail to show sufficient cause as required under Clause (a) or (b) of sub-section (1), to the satisfaction of the Commissioner, why such building or work shall not be removed, altered or pulled down, the Commissioner may remove. (2) 0 alter or pull down the building or work and the expenses thereof shall be paid by the said person. On a perusal of the impugned notices dated 16.12.2024 and 28.12.2024 respectively, it can be seen that though the learned counsel for the petitioner had argued that the issuance of the impugned notice dated 16.12.2024 itself is in violation of the building permission granted to the petitioner vide proceedings in Permit No.1031/1830/B/NMC/TKPYT/2023, dated 23.11.2024, but, as the petitioner had failed to submit an explanation to the impugned notice dated 16.12.2024, it resulted in confirmation of the said notice by the respondent No.2 vide impugned Notice No.47/1031/NLR/UC/2024 dated 28.12.2024. 6. In view of the same, instead of keeping this writ petition pending, this Court feels it appropriate to allow of the writ petition by setting aside the confirmation order vide Notice No.47/1031/NLR/UC/2024 dated 28.12.2024, issued by the respondent No.2 and the petitioner is permitted to submit his explanation to the provisional Notice No.47/1031/NLR/UC/2024, datedi6.12.2024 within a period of one (01) week from the date of receipt of a copy of the order and on receipt of the same, the respondents are at liberty to proceed further in accordance with law. 7. 8. With the above direction, the Writ Petition is allowed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SDI- N.NAGAIV1MA ASSISTANT F^GISTRAR //TRUE COPY// SECTION OFFICER To, ^ Municipal Administration Department pSdesh ^ buildings. Secretariat, Velagapudi, Guntur District, Andhra 2. The Commissioner, Nellore Muncipal Corporation, Nellore. 3. The Vice Chairman, Nellore Urban Development Authority, Nellore. 4. One CC to Sri C Subodh Advocate [OPUC] ^ Muncipal Admn Andhra Pradesh. [OUT] 6. Three CD Copies and Urban Dev, High Court of / HIGH COURT DATED:09/01/2025 ORDER WP.No.743 of 2025 ANOf^ X n MAR 2025 ^ ^ Current Section ALLOWING THE W.P., WITHOUT COSTS