APHC010519762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26705/2025 Between: Nandamuri Naga Venkata Sudhakar and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. B SARVOTHAM REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.26705 OF 2025 ORDER : 1. The petitioner is aggrieved by the impugned proceedings dated 25.04.2025, whereby, the 2nd respondent has issued the order of confirmation calling upon the petitioner to bring down the unauthorized construction. 2. Learned counsel appearing for the petitioner submits that the petitioner was issued a provisional order on 08.04.2025 which could not be replied in time by the petitioner on account of the medical emergency at the petitioner’s house. Thereafter, the petitioner has lost track of issue which related in issuance of impugned proceedings dated 25.04.2025. 3. It is submitted that the petitioner is now intends to submit a detailed reply along with the documents for consideration by the 2nd respondent. It is also submitted that the 2nd respondent has already filed a complaint before the II Additional Civil Judge (Junior Division) – Cum – Judicial I Class Magistrate, Bhimavaram under Section 340 of A.P.Municipalities Act, 1965. 4. Learned standing counsel appearing for the 2nd respondent submits that the complaint filed before the Magistrate Court is for punishing the petitioner for violation of provisions the A.P.Municipalities Act, 1965. Insofar as the impugned proceedings are concerned they issued notice for taking action on the unauthorized construction. It is submitted that the petitioner has sought permission for construction of Ground + 2 floors, however, has constructed an additional floor. It is also submitted that the petitioner has not left any setbacks, as such, the provisional order and the confirmation order are issued inconsonance with the existing norms. 3 5. Heard the learned counsel for the petitioner and the learned standing counsel for the 2nd respondent. Perused the material on record. 6. Considering the submissions, that there was a medical emergency in the petitioner’s family and that the petitioner is now willing to submit the required documents along with explanation till such time, the petitioner’s property required to be protected. 7. On these considerations, the impugned proceedings are hereby set aside making it clear to the petitioner to comply with the shortfalls as called upon by the 2nd respondent in their fresh notice and that the petitioner would have to cooperate with the 2nd respondent for conducting the measurements as required for ascertaining the extent of illegal construction if any beyond the permissible limits. 8. The 2nd respondent shall initiate proceedings afresh giving an opportunity to the petitioner for submitting a reply. It is also made clear that the petitioner would have to comply with the shortfalls and submit a reply as called upon by the 2nd respondent and till such time the possession of the petitioner shall not be disturbed by the 2nd respondent. 9. Accordingly, the writ petition is disposed off. There shall be no order as to costs. 10. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26705 of 2025 Dated 24.09.2025 KGM