APHC010527002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■I A ias| A*' THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE j' '■■V c- ■'O/ X.- PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27464 OF 2023 Between: K S Venkateshwarlu, S/o. Late K. Jagannadham, H.No. 79/64-65, Krishna Nagar, B-Camp, Near Andhra Pragathi Grameena Bank, Kurnool, Andhra Pradesh-518 002. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration and Urban Development, Secretariat Buildings, Velagapudi Village, Amaravathi. 2. The Kurnool Municipal Corporation, Rep by its Commissioner. 3. The Town Planning Officer, Kurnool Municipal Corporation, Kurnool 4. K Balaji, S/o. Late K. Jagannadham, Pent House, Mithra Apartments, Near ITC, Sai Nagar, Kallur, Kurnool. 5. Suresh Builders and Developers, Rep. by its Proprietor, H.No. 81-5-C- 42, Badrinath Nagar, Backside of Raghunath Complex, Raghavendra Nagar, B' Camp, Kurnool. ...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 more particularly in the form of Writ of Mandamus nd and 3'^'^ Respondent in failing to take appropriate action in stopping the unofficial Respondents herein from continuing with the unauthorized construction, adjacent (south side) to the residential building of the Petitioner herein as illegal, arbitrary, unjust and violative of the provisions of the Andhra Pradesh Municipal Corporations Act, 1994 and the G.O.MS.No. 119 dated 28.03.2017 and also articles 19, 21 and 300A of the Indian Constitution. declaring the inaction of the 2 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 direct the 2 nd and 3'"'^ Respondents to consider the representations of the Petitioner herein and take appropriate action against the unofficial Respondents by restraining them in constructing the apartment in an unauthorized manner. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents 2 & 3: SRI P VENGALA REDDY, SC for MUNICIPAL CORPORATION Counsel for the Respondent No.5: SRI N CHANDRA SEKHAR REDDY The Court made the following order: APHC010527002023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27464/2023 Between; 1.K S VENKATESHWARLU, S/0. LATE K. JAGANNADHAM, NEAR KURNOOL, H.NO.79/64-65, KRISHNA NAGAR, B-CAMP, ANDHRA PRAGATHI GRAMEENA BANK, ANDHRA PRADESH - 518 002 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, ARNARAVATHI. 2.THE KURNOOL MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER. 3.THE TOWN PLANNING OFFICER, KURNOOL MUNICIPAL CORPORATION, KURNOOL 4.K BALAJI, S/0. LATE K. JAGANNADHAM, PENT HOUSE, MITHRA APARTMENTS, NEAR ITC, SAl NAGAR, KALLUR, KURNOOL 2 5.SURESH BUILDERS AND DEVELOPERS, REP. BY ITS PROPRIETOR, H.NO. 81-5-C-42, BADRINATH NAGAR, BACKSIDE OF RAGHUNATH COMPLEX, RAGHAVENDRA NAGAR, B’ CAMP, KURNOOL ...RESPONDENT(S): Counsel for the Petitioner: 1.VARUN BYREDDY Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.N CHANDRA SEKHAR REDDY The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27464 of 2023 ORDER: The present Writ Petition is filed questioning the action of Respondent No.2 and 3 in failing to take appropriate action against the un-official Respondent Nos.4 and 5, who are continuing with the illegal constructions adjacent to the house of the Petitioner located at D.No.79/64-65, Krishna Nagar, Near Andhra Pragathi Grameena 1. Bank, Kurnool, Kurnool District, as illegal and arbitrary. 2. The learned counsel for the Petitioner refers to the photographs filed along with the Writ Petition, which disclose that setbacks were hardly violated in the constructions made by the un-official Respondent Nos.4 and 5. 3. No Counter Affidavit has been filed on behalf of the Respondent No.2-l\/lunicipal Corporation and the learned Standing Counsel states that he has no instructions in this regard. The un-official Respondent Nos.4 and 5 filed Counter Affidavit 4. stating that the building was constructed pursuant to the building plan dated 03.03.2023 vide Permit No. 1016/0108/B/KURL/KN/2023 dated 03.03.2023 and denied the allegations of the Petitioner. Heard the respective counsels. 5. 2 In the Counter Affidavit filed by the Respondent Nos.4 and 5 6. there is no denial that the photographs filed along with the Writ Petition do not belong to the building. Mere glance at the photographs would indicate violations in 7. the construction made by the un-official Respondent Nos.4 and 5 vis-a-vis setbacks on all sides of the property. The in-action on the part of the Respondent authorities is surprising to say the least. 8. Therefore, this Court is of the opinion that the Writ Petition can be disposed of, with the following directions: (i) The Respondent authority shall take immediate action to bring the building in question in consonance with the A.P. Building Rules, 2017 and the building Permit dated 03.03.2023; (ii) The Respondent authority shall issue due notice to the Respondent Nos.4 and 5 as contemplated under the Andhra Pradesh Municipal Corporations Act, 1955; (iii) The entire exercise shall be completed by the Respondent authority within a period of six (6) months from today; (iv) No order as to costs. 9. As a sequel, pending applications, if any, shall stand closed. Sd/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTTON OFFICER To, 1. The Principal Secretary, Department of Municipal Administration and Urban Development, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Amaravathi. 2. The Commissioner, Kurnool Municipal Corporation, Kurnool. 3. The Town Planning Officer, Kurnool Municipal Corporation, Kurnool. 4. One CC to Sri Varun Byreddy, Advocate [OPUC] 5. One CC to Sri N. Chandra Sekhar Reddy, Advocate [OPUC] 6. One CC to Sri P. Vengala Reddy, Advocate [OPUC] 7. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh [OUT] 8. Two CD Copies RAM HIGH COURT DATED:03/07/2025 ofanoT?^ ORDER WP NO. 27464 OF 2023 17 JUl 7025 mil O to ^ . Current Section DISPOSING OF THE WP WITHOUT COSTS