IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6305 & 6325 of 2013 Between: V.K.Murthy, S/o.V.S.R.Murthy, Age 47 years, Flat No. 601, Dutch House Apartments 0pp. Dove Hotel, Beach Road Visakhapatnam. ...PETITIONER AND 1. Greater Visakhapatnam Municipal Corporation, Represented by its Commissioner, Near RTC Complex Visakhapatnam. 2. Assistant City Planner, Zone II Greater Visakhapatnam Municipal Corporation, Near RTC Complex Visakhapatnam. 3. BVL Somayajulu, S/o late B.R.Devudu, Age 52 years. Flat No. 405, f Dutch House Apartments 0pp. Dove Hotel, Beach Road Visakhapatnam. ...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 a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring as arbitrary, illegal and invalid the proceedings of the 1®* respondent dated 29-1-2013 in so far as it relates to the petitioner's residence. Flat No. 601 Apartments, Beach Road, Visakhapatnam and also set aside the notice U.C.No.2/2013/ACP-ll/Div No.18, dated 15-02-2013 of the 2"'^ respondent and consequently restrain the respondents from demolishing any part of the said flat. Dutch House r I.A. NO: 1 OF 2013rWPMP. No: 7882 OF 2013^ 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 proceedings pursuant to notice U.C.No.2/2013/ ACP-ll/Div No. 18, dated 15-02-2013 of the 2"'^ respondent. Counsel for the Petitioner: SRI Y.KOTESWARA RAO Counsel for the Respondents: WRIT PETITION No: 6325 OF 2013 Between: M. Chalapathi Rao, S/o Venkata Rao, Age 85 years. Flat No. 601, Dutch House Apartments Opp: Dove Hotel, Beach Road, Visakhapatnam. ...PETITIONER AND Greater Visakhapatnam Municipality Corporation, Represented by its Commissioner, Near RTC Complex Visakhapatnam. Assistant City Planner, Zone II, Greater Visakhapatnam Municipal Corporation Near RTC Complex, Visakhapatnam. BVL Somayajulu, S/o late B.R.Devudu, Age 52 years. Flat No. 405, Dutch House Apartments Opp: Dove Hotel, Beach Road Visakhapatnam. 1. 2. 3. ...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 a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring as arbitrary, illegal and invalid the proceedings of the 1®* respondent dated 29-1-2013 in so far as it relates to the petitioner's residence. Flat No. 602, Dutch House Apartments, Beach Road, Visakhapatnam and also set aside the notice U.C.No.2/2013/ACP-ll/Div No. 18, dated 15-02-2013 of the 2"^^ respondent and consequently restrain the respondents from demolishing any part of the said flat. I.A. NO: 1 OF 2013rWPMP. NO: 7903 OF 2013t 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 U.C.No.2/2013/ ACP-II/ Div No. 18, dated 15-02-2013 of the 2"^^ respondent. Counsel for the Petitioner: Y KOTESWARA RAO Counsel for the Respondents: The Court made the following: COMMON ORDER further proceedings pursuant to notice APHC010516502013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6305/2013 Between: V.K.Murthy.vsp ...PETITIONER AND Gvmc Commissioner Vsp 2 and Others ...RESPONDENT(S) WRIT PETITION NO: 6325/2013 Between: M. Chalapathi Rao, Visakhapatnam, ...PETITIONER AND Commissioner Greater Visakhapatnam ...RESPONDENT(S) Municipalityand2others and Others Counsel for the Petitioner: 1. CVNARASIMHAM Counsel for the Respondent(S): 1. The Court made the following: w HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.6305 & 6325 of 2013 COMMON ORDER:- The present writ petitions are filed questioning the proceedings dated 29.01.2013 issued by the 1®* respondent. 2. The Petitioners are residents of Dutch House Apartments, Opposite Dove Hotel, Beach Road, Visakhapatnam. The respondent herein approached of the Office of the 1®* respondent with representations dated 25.06.2012 and 08.08.2012 questioning the constructions said to have been made by Respondent Nos.2 to 5 encroaching upon the common areas of the building in violation of the approved plan. As no action was taken by the 1®* respondent, he filed W.P.No.31528 of 2012 before this Court for restoration of common area in the apartment complex. The said writ petition was disposed of by this Court by order dated 09.12.2012 with a direction as under: Therefore, the first respondent shall duly examine, consider and pass propriate orders or take necessary action, in accordance with law, on the representation of the petitioner, dated 25.06:2012, after notice to and giving every reasonable opportunity of making a representation 2 and having a hearing to the petitioner, respondents 2 to 5 and any other persons affected or intprested, as expeditiousiy as possibie, at any rate within eight (8) weeks from the date of communication of this order and the order passed or action taken shaii be communicated to the petitioner to enabie him to pursue any remedies avaiiabie to under iaw, if he were to be aggrieved by such order or action. The Writ Petition is disposed of, accordingiy, with the above direction. No costs. Subsequent thereto, respondent No.1 issued notices to the 3. Petitioners and other residents of the flat and as the impugned order was passed without properly considering the explanation given by the Petitioners and others, the present writ petitions are filed. 4. The notice to Respondent No.3 was returned with addressee refused” vide endorsement dated 22.05.2023. , Therefore, the writ petitions are being heard on merits treating the endorsement as deemed service. Learned counsel for the Petitioners submitted that proper 5. reasons were not assigned in the impugned order as to how the encroachments affects the common area and the prejudice is caused to the complainant/respondent No.3 in utilizing the common area. It is his submission that the main stream common 3 \ areas were not affected at all and the marginal constructions in the common areas of the apartment complex in front of the flats of Petitioners is of no use to any other member of the apartment complex considering peculiar design of the apartment complex. It was also contended that no notice was issued to the original owners of the flats in question in contravention and the same is not in consonance with the judgment of this Court referred above. Learned standing counsel does not dispute the contention 6. that the impugned order does not contain necessary reasons and does not mention as to how prejudice is caused to the members of the apartment complex. Considering the same, the impugned order is set aside and the Respondent No.1 shall issue fresh notice to the members of 7. the apartment complex and pass a detailed order explaining the constructions made and how the access of the members of the building complex are affected by such constructions in the common The Respondents in order to assess the same, may also areas. physically verify for better understanding. 4 8. Accordingly, the impugned order is set aside and the writ petitions are disposed of. No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Commissioner, Greater Visakhapatnam Municipal Corporation, Near RTC Complex Visakhapatnam. 2. The Assistant City Planner, Zone II Greater Visakhapatnam Municipal Corporation, Near RTC Complex Visakhapatnam. 3. BVL Somayajulu, S/o late B.R.Devudu, Age 52 years. Flat No. 405, Dutch House Apartments 0pp. Dove Hotel, Beach Road Visakhapatnam. 4. One CC to Sri Y.Koteswara Rao, Advocate [OPUC] 5. One CC to Sri C.V.R.Narasimham, Advocate [OPUC] 6. Three CD Copies gi HIGH COURT DATED:06/03/2025 ORDER WP.Nos.6305 & 6325 of 2013 ^ 2 7 MAR 2025 ^ . Current Section DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS