IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26247 OF 2023 Between: Bandaru Srinivasa Rao, S/o late Satyanarayana, Aged about 52 years, Occ; Cultivation, R/o Chandarlapadu Village and Mandal, NTR District Andhra Pradesh-521 182 ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration and Urban Development Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh-522 238. The Principal Secretary to Government, Energy Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh- 522 238. The Managing Director, Andhra Pradesh Central Power Distribution Corporation Limited ITI Road, 0pp. Ramesh Hospital, Siddhartha Nagar Vijayawada, Andhra Pradesh - 520 008 The Commissioner Nandigama Municipality, Nandigama, NTR District Andhra Pradesh - 521185 The Executive Engineer, APCPDCL, Vijayawada Rural Division Ibrahimpatnam, NTR District Andhra Pradesh The Deputy Executive Engineer, APCPDCL, Operation - Nandigama Sub-Division, Nandigama, NTR District Andhra Pradesh -521 185 The Assistant Executive, Engineer APCPDCL, Operation - Nandigama Town NTR District, Andhra Pradesh - 521 185 1. 2. 3. 4. 5. 6. 7. 8. Sri Suryadevara Poornaiah, S/o late Gopal Rao, Aged about 55 years Occ- Business, R/o Geetha Mandiram Road Nandigama Village and Mandal NTR District, Andhra Pradesh - 521 185 9. Sri Suryadevara Chalamaiah, S/o Satyanarayana, Aged about 56 years Occ- Lie Agent, R/o D.No.5-129/ lA Rythupeta, Nandigama Village Mandal NTR District, Andhra Pradesh - 521 185 10. Mannem Apparao, S/o late Atchaiah Aged about 58 years, Occ: Postal Employee R/ o d.No.8-73/B, Rythupeta, Anjaneya Towers Old Current Office Road, Nandigama Village & Mandal NTR District, Andhra Pradesh - 521 185 ...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 prayed that this Writ of Mandamus declaring the action of the respondents especially the 4“^ respondent in permitting the respondents 8 to 10 to proceed with the illegal construction in R.S No.667/4, ward No.11, d.No.9-39, Beside TTD Kalyana Mandapam, Nandigama Village and Mandal, NTR District, in violation of B .A No.1145/0057/B/NDG/TEA/2020, dated 21-09-2020, and in violation of Building Rules framed by the Government of Andhra Pradesh, under G.O.Ms.No.119, MA and UD, Dept, Dated 28-03-2017, and the action of the respondents 5, 6 and 7 in trying to install power supply transformer, for the said illegal construction, without my consent, and not considering the representation and notice, as the same is arbitrary, illegal, unconstitutional and in violation of well settled principles of natural justice, and consequentially direct the 4th respondent to demolish the illegal construction to the extent of violations, by following the due process of law. lA NO: 1 OF 2023 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 STAY all further construction activity, including installation and grant of all amenities to the construction in R.S No.667/4, ward No.11, d.No.9-39, Beside TTD Kalyana Mandapam, Nandigama Village and Mandal, NTR District, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. LEO LAW ASSOCIATES Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR ENERGY Counsel for the Respondent No.3,5,6 & 7:SRI V.R.REDDY KOWURI FOR APCPDCL Counsel for the Respondent No.4:SRI. M. MANOHAR REDDY, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.8 to 10: SRI KILARU NITHIN KRISHNA The Court made the following: ORDER LLP ,SC APHC010490472023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26247 of 2023 Between: Bandaru Srinivasa Rao ...PETITIONER AND The State of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT{S) 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent{S): 1.KILARU NITHIN KRISHNA 2.GP FOR MUNCIPAL ADMN.& URBAN DEV. 3.GP FOR ENERGY 4.V R REDDY KOVVURI (SC FOR APCPDCL) The Court made the following: 2 VS,J W.P.No.26247of 2023 ORDER: This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “..to issue appropriate writ, order or direction more particuiariy one in the nature of Writ of Mandamus declaring the action of the respondents especially the 4^ respondent in permitting the respondents 8 to 10 to proceed with the illegal construction in R.S No. 667/4 ward No. 11, D. No. 9-39, Beside TTD Kalyana Mandapam, Nandigama Village & Mandal, NTR District, in violation of B. A No. 1145/0057/B/NDG/TEA/2020, dated 21-09-2020, and in violation of Building Rules framed by the Government of Andhra Pradesh under G.O.Ms.No.119, MA&UD Dept, Dated 28-03-2017, and the action of the respondents 5, 6 and 7 in trying to install power supply transformer, for the said illegal construction, without petitioner’s consent, and not considering the representation and notice, as the same is arbitrary, illegal, unconstitutional and In violation of well settled principles of natural justice and consequentially direct the 4‘^ respondent to demolish the illegal construction to the extent of violations, by following the due process of law.” Heard the learned counsel for the parties and perused the 2. record. The petitioner, along with respondent Nos.8 to 10, claims to have purchased the land admeasuring 193.67 square meters bearing 3. D.No.9-39, beside TTD Kalyanamandapam, R.S.No.667/4, Ward No.11, Nandigama, and obtained permission for construction of a residential building consisting of ground floor + two upper floors, vide B.A.NO.1145/0057/B/NDG/TEA/2020 dated 21.09.2020, and also contributed his share of money for construction of the building. - 3 if vsj W.P.No.26247of 2023 It is the case of the petitioner that due to health reasons, he had 4. to stay away from Nandigama and he came to know that, in his absence, respondent Nos.8 to 10 indulged in construction of the building without leaving the required setbacks and were also raising two additional floors without any approval, in deviation of the sanctioned plan. In that connection, a criminal case viz., C.C.No.405 of 2023 was also registered on the file of Additional Judicial Magistrate of First Class, Nandigama, in which summons were received by the petitioner. The petitioner has also filed a civil suit in O.S.No.211 of 2022 on the file of the Principal Junior Civil Judge, Nandigama, seeking permanent injunction against respondent Nos.8 to 10, and that the said suit is pending. It is the grievance of the petitioner that on coming to know about the illegal constructions being made by the unofficial respondents, he has submitted a representation dated 19.08.2023 to the 4*^^ 5. respondent- Commissioner, Nandigama Municipality, requesting to stop the said illegal constructions, and has also issued a notice dated 24.04.2023 to respondent Nos.5 to 7 - authorities of APCPDCL, not to proceed with installation of transformer in the subject site, but none of his requests has been considered by the authorities. 6. Today, when the matter is taken up for hearing, learned Standing Counsel for the 4^'^ respondent-Municipality has furnished a 4 VS,J W.P.No.26247of 2023 copy of the instructions received from the Commissioner of Nandigama Municipality, wherein, while confirming that the petitioner and respondent Nos.8 to 10 have obtained permission for construction of a building consisting of stilt + ground + two residential floors, it is stated that upon identification of deviations, the 4*'' respondent-Muni cipality has issued a notice of Provisional Order No.184/1145/NDG/UC/2021 dated 17.05.2021 under Sections 217, 228(1 )&(2) of A.P. Municipalities Act, 1965, and Sections 88(1), 89(1 )&(2) & 90(1) of APMR & UDA Act, 2016, but the applicants have not complied with the said notice and continued the construction. Thereupon, Confirmation Order No.184/1145/NDG/UC/2021 dated 09.06.2021 was passed by the authority under Section 217 & 228(3) of APM Act, 1965 and Sections 86 and 89(3) of APMR & UDA Act, 2016. However, the applicants have not stopped the construction and proceeded further with construction of stilt+ground+4 upper floors and pent-house, in deviation of the sanctioned plan. In this connection, the authorities have also filed a charge sheet against the applicants on the file of the Additional Judicial Magistrate of First Class, Nandigama, and that the same was taken on file vide C.C.No.405 of 2023 and presently, the said case is pending trial. 7. Learned counsel for the petitioner contends that apart from initiation of criminal proceedings, the Municipality is also duty bound to 5 vs,j W.P.No 26247 of 2023 take action against the deviations in pursuance of the Confirmation Order dated 09.06.2021 on failure of the respondent Nos.8 to 10 to comply with the same, but no such action has been taken. In view of the fact that the 4^^ respondent has already passed a 8. Confirmation Order dated 09.06.2021 with regard to the deviations in the construction of the subject building, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of this writ petition by directing the 4^'" respondent to proceed with further course of action in pursuance of the Confirmation Order dated 09.06.2021, in accordance with law, and conclude the same within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No 9. order as to costs. Consequently, interlocutory applications, if any, pending in this writ petition shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary to Government Municipal Administration and Urban Development Department, State of Andhra Pradesh, A.P Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh- 522 238. 2. The Principal Secretary to Government, Energy Department, A.P Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh- 522 238. • » Andhra Pradesh Central Power Distribution Limited ITl Road, 0pp. Ramesh Hospital, Siddhartha Nagar 3. The Managing Director Corporation Vijayawada, Andhra Pradesh - 520 008 Nandigama Municipality, Nandigama, NTR District 4. The Commissioner Andhra Pradesh - 521185 5. The Executive Engineer, APCPDCL, Vijayawada Rural Division Ibrahimpatnam, NTR District Andhra Pradesh 6. The Deputy Executive Engineer, APCPDCL, Operation - Nandigama Sub-Division, Nandigama, NTR District Andhra Pradesh -521 185 7. The Assistant Executive Engineer APCPDCL,, Operation - Nandigama NTR District, Andhra Pradesh - 521 185 8. One CC to M/s. Leo Law Associates LLP, Advocate [OPUC] 9. One CC to V.R. Reddy Kovvuri, SC for APCPDCL[OPUC] 10. One CC to Sri M. Manohar Reddy, SC for Municipalities[OPLIC] CC to Sri Kilaru Nithin Kumar, Advocate[OPUC] GP for Municipal Administration and Urban Development, Town 11. One 12. TwoCCsto High Court of Andhra Pradesh. [OUT] GP for Energy, High Court Of Andhra Pradesh. [OUT] 13. TwoCCsto 14. Three CD Copies. ssb i ■ HIGH COURT DATED:06/02/2025 ORDER WP.No.26247 of 2023 ^ n MAR 2025 % ^ ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS