APHC010527872025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: Between: 1. GUNISETTY SRINIVASA RAO, S/O. ATCHIBABU (LATE), AGED ABOUT 53 YEARS, OCC. BUSINESS, R/O. D.NO.7 102, S.K. TOWERS, PRASANTHI NAGAR, GOPALAPATNAM MANDAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT'S PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. 2. THE GREATER VISAKHA MUNICIPAL CORPORATION, . REP. BY ITS COMMISSIONER, THINNETI BHAVAN, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. 3. THE CHIEF CITY PLANNER, GREATER VISAKHA MUNICIPAL CORPORATION, THINNETI BHAVAN, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. 4. THE ZONAL COMMISSIONER, ZONE VISAKHAPATNAM-47, VISAKHAPATNAM DISTRICT 5. THE ASST CITY PLANNER, ZONE VISAKHAPATNAM-47, VISAKAHAPATNAM DISTRICT. 6. THE TOWN PLANNING OFFICER, ZONE VISAKHAPATNAM-47, VISAKAHAPATNAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27103 OF 2025 GUNISETTY SRINIVASA RAO, S/O. ATCHIBABU (LATE), AGED ABOUT 53 YEARS, OCC. BUSINESS, R/O. D.NO.7-32/2 FLAT NO. 102, S.K. TOWERS, PRASANTHI NAGAR, GOPALAPATNAM MANDAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT'S PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. THE GREATER VISAKHA MUNICIPAL CORPORATION, . REP. BY ITS COMMISSIONER, THINNETI BHAVAN, VISAKHAPATNAM DISTRICT. THE CHIEF CITY PLANNER, GREATER VISAKHA MUNICIPAL CORPORATION, THINNETI BHAVAN, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. THE ZONAL COMMISSIONER, ZONE-8, VEPAGUNTA POST, 47, VISAKHAPATNAM DISTRICT CITY PLANNER, ZONE-8, VEPAGUNTA POST, 47, VISAKAHAPATNAM DISTRICT. THE TOWN PLANNING OFFICER, ZONE-8,VEPAGUNTA POST, 47, VISAKAHAPATNAM DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3458] FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA GUNISETTY SRINIVASA RAO, S/O. ATCHIBABU (LATE), AGED 32/2 FLAT NO. 102, S.K. TOWERS, PRASANTHI NAGAR, GOPALAPATNAM MANDAL, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY IT'S PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST. THE GREATER VISAKHA MUNICIPAL CORPORATION, . REP. BY ITS COMMISSIONER, THINNETI BHAVAN, THE CHIEF CITY PLANNER, GREATER VISAKHA MUNICIPAL CORPORATION, THINNETI BHAVAN, 8, VEPAGUNTA POST, 8, VEPAGUNTA POST, 8,VEPAGUNTA POST, 2 7. THE WARD SACHIVALAYAM PLANNER, SACHIVALAYAM NO. 478, PRASHANT NAGAR, GOPALAPATNAM, VSIAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaraing action of the respondents, especially respondents 4 to 7 in interfering with the construction of the petitioner in an extent of 137.73 Sq.mts situated in Sy.No.13/1A3 of Prasanthi Nagar, Gopalapatnam Mandal, Visakhapatnam District even though the petitioner is constructing the house after obtaining the building permit bearing No.1086/1417/B/Z8/GON/2024 dated 30.03.2024 and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents not to interfere with the construction of the petitioner constructing in an extent of 137.73 Sq.mts situated in Sy.No. 13/1 A3 of Prasanthi Nagar, Gopalapatnam Mandal, Visakhapatnam District and to pass IA NO: 1 OF 2025 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 pleased to direct the respondents not to interfere with the construction works of the petitioner constructing direct the respondents not to interfere with the construction works of the petitioner constructing in an extent of 137.73 Sq.mts situated in Sy.No.13/1A3 of Prasanthi Nagar, Gopalapatnam Mandal, Visakhapatnam District in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27103 OF 2025 The Court made the following order: Heard Sri G.L.Nageswar Rao, learned counsel for the petitioner and Sri Sata Vijaya Kumar, learned counsel representing Sri A.S.C.Bose, learned Standing Counsel for Greater Visakha Municipal Corporation appearing for respondent Nos.2 to 7. 2. Alleging illegal interference by the respondents herein with the construction of a building in an extent of 137.73 sq. meters situated in Sy.No.13/1A3 of Prasanthi Nagar, Gopalapatnam Mandal, Visakhapatnam District, the instant writ petition is filed. 3. It is contended that the petitioner has obtained permission to construct the building under Building Permit bearing No.1086/1417/B/Z8/GON/2024 dated 30.03.2024 for the construction of a building consisting of G+II floors. Although the petitioner has valid permission to construct the building, however, the respondents are interfering with the construction and are proposing to demolish the building without following due procedure under law. 4. Today, when the matter is taken up for consideration, Sri Sata Vijaya Kumar, learned counsel representing Sri A.S.C.Bose, learned Standing Counsel for Greater Visakha Municipal Corporation appearing for respondent Nos.2 to 7, on oral instructions, would submit that the permission granted in favor of the petitioner is only in respect of G+II floors. However, the petitioner has raised the construction in to G+III floors. In view of the same, the 4 respondents, in order to prohibit any further unauthorized construction, have proposed to issue a notice. 5. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with the following directions: 1. The respondents are hereby directed to follow due procedure under law if it is found that the petitioner has violated the building permission granted in his favour. 2. The petitioner shall not construct beyond the permitted limit. In the event of any unauthorized construction beyond the sanctioned plan, the respondents shall follow the appropriate procedure under law for demolishing and removing the additional structure, if any, constructed by the petitioner. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _____________________________ JUSTICE KIRANMAYEE MANDAVA Date: 26.09.2025 Note: Issue CC by three (03) days B/o. BSK 5 93 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27103 OF 2025 Date: 26.09.2025 Note: Issue CC by three (03) days B/o. BSK