K APHC010022412022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos. 1518 & 2275 OF 2022 & 28172 OF 2023 WRIT PETITION NO: 1518 OF 2022 Between: Mangala Ram Patel, S/o Madaramji, Aged about 37 years, Occ Business Door No. 17-15-14, Rayaji Street, Nellore, SPSR Nellore District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, A.P. Secretariat, Velagapudi Village, Guntur District. 2. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, SPSR Nellore District, AP 3. Kandikattu Mallikarjuna, S/o. Maruthi Prasad, Aged about 50 years. Door No. 16/224, Acharya Street, Nellore, SPSR Nellore District. '1 ...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 the action of 2^^^ respondent in issuing notice vide D.S.001/2022 WPRS/ -44/1 dated 07-01-2022, directing to remove the structures in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14 and 21 of the constitution of India and Consequently direct the Respondents not to interfere or removal of the building in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District. lA NO: 1 OF 2022 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 respondents not to remove the building in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District by suspending the notice vide D.S.001/ 2022 WPRS/ -44/1 dated 07-01-2022 of 2"'^ respondent, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. KAVITHA GOTTIPATI Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3: SRI C. SUBODH APHC010033342022 WRIT PETITION NO: 2275 OF 2022 Between: Kandikattu Mallikarjuna, S/o.Maruthi Prasad, Aged about 56 R/o.D.No.16/224, Achari Veedhi, Near Head Post Office Nellore District. years, Nellore, SPSR ...PETITIONER AND 1. State of Andhra Pradesh, Municipal Administration Development Department, Secretariat, Velagapudi, Amaravathi, District. Rep. by its Principal Secretary. 2. The Commissioner, Nellore Municipal Corporation, Nellore Nellore District. 3. Mangal Rampatel, S/o.Madaramji Jain, Aged about 37 D.No.17/14, Rayaji Street, Nellore, SPSR Nellore District. 4. Visnu Ram, S/o. Madaramji Jain, Aged about D.No.17/14, Rayaji Street, Nellore, SPSR Nellore District. and Urban Guntur SPSR years, R/o. 33 years, R/o. ...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 of mandamus or any other appropriate writ or direction declaring action of the 2 nd respondent in not taking further action for demolition of building bearing D.No.17-5-73, situated at Rayaji Street, Nellore pursuant to the notice in DS001/2022/WPRS/- 44-1, dt.07.01.2022 as illegal, arbitrary and consequently direct the 2nd respondent to demolish the building bearing D.No.17-5-73, situated at Rayaji Street, Nellore pursuant to the notice in DS001/2022/WPRS/-44- 1, dt.07.01.2022. [A NO: 1 OF 2022 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"'* respondent to take further action to demolish the building bearing D.No.17-5-73, situated at Rayaji Street, Nellore pursuant to the notice in DS001/2022/WPRS/-44-1, dt.07.01.2022. Counsel for the Petitioner: C. SUBODH Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATIONAND URBAN DEVELOPMENT Counsel for the Respondent No.2:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos.3 & 4: — APHC010545392023 K WRIT PETITION NO: 28172 OF 2023 Between: Mangala Ram Patel, S/o Madaramji, Aged about 38 years, Occ; Business Door No. 17-15-14, Rayaji Street, Nellore, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Urban Development Department, A.P. Secretariat, Velagapudi Village, Guntur District. 2. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore, SPSR Nellore District, AP 3. Kandikattu Mallikarjuna, S/o. Maruthi Prasad, Aged about 51 Door No. 16/224, Acharya Street, Respondents years, Nellore, SPSR Nellore District. ...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 the action of 2"^ respondent in issuing notice vide D.S.001/2023 WPRS-44-2 dated 11-10-2023, directed the petitioner remove the structure in the premises bearing Door No. 17-5-73 situated Rayaji Street, Nellore, SPSR Nellore District as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14 and 21 of the constitution of India and Consequently set aside the same by directing the 2ndrespondentnot to interfere or remove the building in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District. 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 respondents not to remove the building in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District by suspending the notice vide D.S.001/2023 WPRS-44-2 dated 11-10-2023 of 2nd respondent, pending disposal of the above writ petition. lA 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 to permit the petitioner to obtain Structural Safety and Stability of G + 2 Building situated at D.No. 17-5-73, Rayaji Street, Nellore. Counsel for the Petitioner: M/s. KAVITHA GOTTIPATI Counsel for the Respondent No.1:GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2:SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3:SRI HARINATH REDDY SOMA The Court made the following : COMMON ORDER to at APHC010022412022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1518/2022 [3460] Between: Mangala Ram Patel ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KAVITHA GOTTI PATI Counsel for the Respondent(S): 1.CSUBODH ...RESPONDENT{S) 2.GP FOR MUNCIPAL ADMN URBAN DEV WRIT PETITION NO: 2276/?n?S> Between: Kandikattu Mallikarjuna State Of Andhra Pradesh and Others Counsel for the Petitioner: ...PETITIONER AND ...RESPONDENT(S) 1.0 SUBODH 2 Counsel for the Respondent(S): 1.SC FOR NELLORE MUNICIPAL CORPORATION 2.GP FOR MUNCIPAL ADMN URBAN DEV WRIT PETITION NO: 28172/20?/? Between: Mangala Ram Patel ...PETITIONER AND The State Of Andhra Pradesh and Others...RESPONDENT(S) Counsel for the Petitioner: 1.KAVITHA GOTTIPATI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.AS C BOSE 3.HARINATH REDDY SOMA The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.1518 & 2275 of 2022 & 28172 of 2023 COMMON ORDER: Writ Petition No.1518 of 2022 is filed to declare the action of 2nd respondent in issuing notice vide D.S.001/2022 WPRS/ -44/ 1 dated 07-01- 2022, directing to remove the structures in the premises bearing Door No. 17-5- 73 situated at Rayaji Street, Nellore, SPSR Nellore District as illegal and arbitrary. 1. nd 2. Writ Petition No.2275 of 2022 is filed to declare action of the 2 respondent in not taking further action for demolition of building bearing D.No.17-5-73, situated at Rayaji Street, Nellore pursuant to the notice in DS001/2022/WPRS/- 44-1, dt.07.01.2022 as illegal, arbitrary and consequently direct the 2nd respondent to demolish the building bearing D.No.17-5-73, situated at Rayaji Street, Nellore pursuant to the notice in DS001/2022/WPRS/- 44- 1, dt.07.01.2022”. 3. Writ Petition No.28172 of 2023 is filed declaring the action of 2nd respondent in issuing notice vide D.S.001/2023 WPRS-44-2 dated 11-10-2023, directed the petitioner to remove the structure in the premises bearing Door No. 17-5-73 situated at Rayaji Street, Nellore, SPSR Nellore District as illegal and , arbitrary. 4. The facts in W.P.No.1518 of 2022 are taken as lead and the parties are referred to as arrayed therein. 5. The Petitioner contends that he along with Vaishna Ram have jointly purchased the property situated in Sy.No.1275, Old Door No.15 and New ^ i Door No.14 from Vaidyala Venkata Sunil under bearing No. 3492/16 on 20.05.2016 with all registered Sale Deed easementary rights. It is stated that the Respondent No.3 had given a Complaint on 11.10.2021 stating that the building in question is in dilapidated condition posing danger to the neighbours. Pursuant thereto, the impugned Notice dated 07.01.2022 was issued under Section 456 of the Andhra Municipalities Act calling upon the Petitioner to Pradesh remove the dilapidated structures. Questioning the same, the W.P.No.1518 of 2022 was filed. 6. This Court while staying the impugned Order permitted Petitioner as well as Respondent Authorities to test the structural viability of the building with the competent engineer of their choice vide Order dated 24.01.2022. Thereafter, the Respondent No.3 filed W.P.No.2275 2022 seeking enforcement of the Notice dated 07.01.2022. 7. During the pendency of the above said Writ Petitions, the R & B Department had inspected the building in question on 30.08.2023 and certified that the building in question is not sound and unfit for human habitation. On that basis, the Respondent Authorities sent second Notice dated 11.10.2023 vide D.S.001/2023 WPRS-44-2 to the Petitioner. Questioning the said notice, the Petitioner filed W.P.No.28172 of 2023. This Court on 12.10.2023 passed the interim order staying all further proceedings in the matter. While so, on 02.04.2024, this Court had permitted the Petitioner get the Structural Stability Certificate from the Civil Department of JNTU pending disposal of the Writ Petition. the of 8. to Engineering 5 It is stated that pursuant to the Orders of this Court, the JNTU, College of Engineering (Autonomous), Anantpur, had submitted a report on 29.05.2024 stating that they had conducted NOT and compressive strength tests on masonry bricks collected from the structure and visual inspection and concluded that the building is structurally safe and stable and the same is suitable for habitation for another 30-40 years with regular maintenance. 9. The Respondent Authorities, taking into consideration the Report dated 29.05.2024 of the JNTU, Anantapur, had withdrawn the impugned Notices dated 07.10.2022 and 11.10.2023 issued to the Petitioner vide Roc.No.NLR20211011743, dated 03.05.2025. 10. Learned counsel for the Respondent No.3 i.e., the Petitioner in W.P.No.2275 of 2022, would submit that detailed objections were filed for the Structural Stability Certificate issued by the JNTU and there is substantial variance in the report of R & B and JNTU. He further submits that there is no correlation between both the reports and in the interest of justice, the building be again directed to be inspected by another reputed institute. 11. Having considered the respective submissions, the only issue that falls for consideration is; 12. “ Whether the building in question would warrant a third report from another reputed institute". 6 13. A reading of the Reports of the R & B and JNTU shows substantial However, these issues variance. may be considered by the Commissioner, Nellore Municipality and take appropriate decision in that regard. Therefore, Respondent No.3 is given liberty to submit his objections to the Commissioner, Nellore Municipal Corporation. On receipt of the objections, the Commissioner, Nellore Municipality shall consider the same within a period of four weeks from today and pass appropriate orders. 14. 15. In the event, the Commissioner, Nellore Municipal Corporation agrees with the contention of the Respondent No.3 that the building requires another Structural Stability Certificate from another reputed institution, the Petitioner shall not create any hindrance for the test to be conducted. 16. Accordingly, the Writ Petitions are disposed of. There shall be order as to costs. no As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration Urban Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi Village, Guntur District. 2. The Commissioner, Nellore Municipal Corporation, Nellore, SPSR Nellore District, AP 3. One CC to M/s. Kavitha Gottipati, Advocate [OPUC] 4. One CC to Sri C.Subodh, Advocate [OPUC] 5. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 6. One CC to Sri Harinath Reddy Soma, Advocate[OPUC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CD Copies ssb HIGH COURT DATED:09/07/2025 COMMON ORDER WP Nos.1518 & 2275 of 2022 & 28172 of 2023 5( 0 7 AUG 2025 ^ Co entSectio it DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS