1 APHC010542682014 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: 41073/2014 Between: Nammi Appa Rao, S/o. Late Pydaiah, ...PETITIONER AND The Commissioner and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. M KESAVA RAO Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. 3. K B RAMANNA DORA 4. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “.... to issue a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.1 to 3 in not demolishing the illegal constructions made by the Respondent Nos.4 to 6 in D.No.11-136 to 140, Main Road, Gopalapatnam, Visakhapatnam and consequently direct Respondent Nos.1 to 3 to demolish the illegal constructions made by the Respondent Nos.4 to 6 in D.No.11-136 to 140, Main Road, Gopalapatnam, Visakhapatnam after inspection and also by following due procedure of law...” 2. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development for respondent No.7, Mr.A.S.C.Bose, learned Standing Counsel for respondents No.1 to 3 and Mr.K.B.Ramana Dora, learned counsel for respondents No.4 and 5. 3. Today, when the matter came up for hearing, learned Standing Counsel representing respondents No.1 to 3 furnished a copy of instructions of the Assistant City Planner, Zone-VIII, GVMC, Visakhapatnam dated 23.01.2025, wherein it is stated that the unofficial respondents herein has constructed their house with ground and first floor long back. Recently, the unofficial respondents unauthorizedly proceeded with the construction of second floor. Upon receiving the petitioner’s complaint, the respondent authorities inspected the premises, stopped the work, and returned the building plans submitted by the unofficial respondents due to certain deficiencies. Despite this, when the 3 unofficial respondents continued the unauthorized construction, the respondent authorities issued a notice under Section 452 of the HMC Act, 1955, and as the unofficial respondents No.4 to 6 have failed to comply with the said notice, the respondents No.1 to 3 have demolished the unauthorized second floor walls. Regarding the alleged 4-feet encroachment into the petitioner’s land, the Town Surveyor surveyed the site and confirmed that the unofficial respondents’ measurements and boundaries matched with their title deeds. Hence, the respondent authorities issued TDR Certificate and structural compensation to the unofficial respondents for the affected site and structure in the BRTS widening. It is also stated that there is a dispute between the petitioner as well as the unofficial respondents No.4 to 6 regarding the 4-feet passage and also a civil dispute is pending between them. 4. As per the above instructions it can be understood that the dispute is with regard to 4-feet passage between the petitioner and the unofficial respondents. 5. In view of the fact that on receiving the complaint from the petitioner, the respondent authorities have inspected the premises of respondent Nos.4 to 6 and having indentified that the respondents constructed second floor without having any permission, they have issued notice under Section 452 of the HMC Act, 1955 and as the unofficial respondents failed to respond to the said notice, respondent Nos.1 to 3 have demolished the unauthorized second floor walls constructed by the unofficial respondents. However, it is the grievance of 4 the petitioner that in spite of demolishing the unauthorized second floor walls constructed by respondents No.4 to 6, they are proceeding with further constructions. 6. In view of the same, the petitioner is at liberty to submit fresh representation to the respondents, if at all he has any further grievance as against the illegal constructions made by unofficial respondents herein, on receiving the same, respondents No.1 to 3 are directed to conduct enquiry by giving notice to the petitioner as well as to the effected persons and then initiate action in accordance with law. 7. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 06.02.2025 KGR