APHC010561732014 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38069/2014 Between: V. Raman Murthy, and Others The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1. A NAGENDRA RAO Counsel for the Respondent(S): 1. T BALASWAMI 2. T S VENKATARAMANA 3. GP-MUNCIPAL ADMN 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38069/2014 V. Raman Murthy, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): Counsel for the Respondent(S): T S VENKATARAMANA MUNCIPAL ADMN AND URBAN DEV(AP) IN THE HIGH COURT OF ANDHRA PRADESH [3333] ...PETITIONER(S) ...RESPONDENT(S) 2 The Court made the following Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “...issue a Writ Order or Directions more particularly one in the nature of Writ of Mandamus a) To call for the records pertaining to the illegal and unauthorised construction of shops in the place provided for the Lift at the Ground Floor and First Floor as per the approved plan B.A.No.892/1984 Dated 23.08.1984 at the D.No.27-21-13 Satya Complex Kaleswara Rao Road Government Vijayawada Krishna District and set them aside (b) To direct the Respondents to demolish the illegal and unauthorised construction of shops in the place provided for the Lift at the Ground Floor and First Floor as per the approved plan B.A.No.892/1984 Dated 23.08.1984 at the D No 27-21-13 Sava Complex Kaleswasa Rao Road Government Vijayawada Krishna District (c) To award costs By holding the in action of the Respondents as bad illegal irrational arbitrary discriminatory void violative of their own Rules and also violative of the Article 14 15 and 21 of the onstitution of India and pass...” 02. The case of the petitioners is that they have jointly purchased a Flat to an extent of 880 Sq.Yards (518 Sq.Yards+ 362 Sq.Yards) in the Third Floor of the Satya Complex, Kaleswara Rao Road, Vijayawada, Krishna District under a Registered Sale Deed Document No.5608/2014, dated 02.08.2014 and they are in peaceful possession and enjoyment of the same. After purchasing the said flat, the petitioners have found illegal and unauthorized construction of shop No.8 and 28 in the space earmarked for providing the Lift at the Ground and First Floor. Having identified the same, they raised objections and demanded to vacate and remove the said shop Nos.8 and 28 to enable to provide Lift at the Ground Floor to Third Floor of the building as per the approved plan B.A.No.892/1984, dated 23.08.1984. The petitioners have also made a detailed representation to the 2nd respondent to take steps for removal of the shop Nos.8 and 28 and to provide the place for Lift as shown in the approved plan of the Building, as no action has been taken by the respondents, the present writ petition is filed. 3 03. Heard Sri A.Nagendra Rao, learned counsel for the petitioner and learned Government Pleader for Municipal Administration Department and Sri A.S.C.Bose, learned Standing Counsel for Municipal Corporation appearing for respondent No.2. 04. The 2nd respondent herein has filed a detailed counter and submitted that the owners/occupants appeared before the Commissioner of the 2nd respondent and furnished the documents in support of his claim over the shop No.8 and 28 situated in ground and first floor which were unauthorizedly constructed in the place earmarked for lift room. He further submitted that, a W.P.No.13146 of 2015 was filed by one of the occupant of Satya Complex, wherein this Hon’ble Court vide orders dated 24.08.2015, directed this respondent to take action against the unauthorized constructions made in Satya Complex in the place of the lift room. It is further submitted that in compliance of the orders passed by the Hon’ble Court in W.P.No.13146/2015, the 2nd respondent corporation after issuing notices to the affected and interested parties got demolished the unauthorized shop room No.8 and 28 of Satya Complex on 15.06.2017. At the time of demolishing the unauthorized shop rooms, respondent also furnished a copy of the orders passed by this Hon’ble Court. As such, in compliance of the orders passed by this Hon’ble Court, the respondent restored the lift place in Satya Complex by demolishing the unauthorized shop room Nos.8 and 28. 05. In view of the fact that, the 2nd respondent has already issued notices to the affected as well as interested parties and got demolished the shop room Nos.8 and 28 constructed in the place provided for the lift at the ground floor and first floor by duly following the appropriate procedure, the cause in the writ petition does not survive anymore and the matter has become infructuous. 4 Accordingly, this writ petition is dismissed as infructuous. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 14.02.2025 KKV 5 107 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 38069/2014 Date: 14.02.2025 KKV