APHC010561252016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33070/2016 Between: N Kiran Kumar Reddy ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MOHD MUMTAZ PASHA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue a writ, order or directions more particularly writ of mandamus declare the action of the 3rd Respondent in not taking any action to stop/ remove the illegal and unauthorized constructions of commercial shops constructing on the open space/ set back occupying the road margin on the existing road attached to the petitioner apartment Sai Teja Meadow residential apartment, Door NO.10-15- 44, Trunk road, Kavali Town and Municipality, Nellore district, without any building permission/sanction and against to the building byelaws and rules are arbitrary, illegal and against to the letter and sprit of constitution of India, consequently direct the 3rd Respondent to take action and to remove the illegal and unauthorized constructions constructing at attached to the Sai Teja Meadow residential apartment, Door NO.10-15-44, Trunk road, Kavali Town and Municipality, Nellore district, and pass...” 2. The present writ petition is filed challenging the inaction of the 3rd respondent in stopping/removing the illegal and unauthorized constructions of the commercial shops being constructed on the open space/set back occupying the road margin on the existing road attached to the petitioner’s apartment ‘Sai Teja Meadow’ at door No.10-15-44, Trunk road, Kavali town and Municipality, Nellore District, which is without any building permission/sanction and against the building byelawas and rules. 3. When the writ petition came up for admission on 14.10.2016, this Court has passed the following interim order: “There shall be interim direction as prayed for….” 4. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Sri. Sireesha Rani Vallabhaneni, learned Standing Counsel for 3rd respondent. 5. Today, when the writ petition came up for hearing, learned Standing Counsel has furnished a copy of instructions of the 3rd respondent wherein it is stated that the builder has obtained residential plan approval for cellar+G+4 upper floors from Kavali Municiplaity, Kavali, SPSR Nellore vide permit No.246/2012,G1, dated 04.02.2013 in D.No.10-15-44, Trunk road, Kavali, Revenue Ward No.10, Kavali town. But, however, as the unofficial respondent herein has made further constructions in deviation of sanctioned building approved plan, a notice dated 06.11.2024 was issued to the builder and further course of action will take place in due course of time as per rules. 6. As per the instructions submitted by learned Standing Counsel for the 3rd respondent, it can be seen that the 3rd respondent, having identified certain deviations made by the unofficial respondent has already issued notice vide No.01/2024/G1, dated 06.11.2024. As action has been initiated against the 4th respondent, this Court is of the opinion that no further cause survives in the writ petition. 7. Accordingly, this writ petition is dismissed as infructuous. No costs. Consequently, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V. SUJATHA Date: 02.01.2025 GSS