IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39412 OF 2014 oc !l 3 |0 Slh ^ Between: Chakka Raja Rao, S/o. Subba Rao, Hindu, male, aged:45 yrs, r/o.D.No.SB- 17-25A, Sanagapappu Bazar, Southern Street, Eluru, West Godavari District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration Department, Secretariat, Hyderabad. 2. The Eluru Municipal Corporation, Rep by its Commissioner Eluru, West Godavari District. 3. The Town Planning Officer, Eluru Municipal Corporation, Eluru, West Godavari District 4. Smt.Muvvala Naga Pushpavathi, W/o.late Mallikarjuna Rao, Aged; 72 yrs. House-wife, R/o.D.No.3B-17-26, Southern Street, Eluru, West Godavari 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 Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents No. 2 & 3 in not demolishing the said illegal construction made by the 4 respondent and her son without having any approved plan from the Municipal authorities in the premises bearing No.D.No.3B-17-26, sited at Sanagapappu Bazar, Southern Street, Eluru, West Godavad District, is th illegal, arbitrary and unconstitutional and consequedlly direct the Respondents 2 & 3 to demolish the illegal construction made by the 4th Respondent in the premises bearing No. D.No.3B-17-26, situated at Sanagapappu Bazar, Southern Street, Eluru, West Godavari District forthwith. I.A. NO: 1 OF 2014fWPMP. NO: 49435 OF 2014) 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 2 & 3 not to make any further constructions in the premises bedring No. D.No.3B-17-26, situated at Sanagapappu Bazar, Southern Street, Eluru, West Godavari District, without obtaining approved plan from the Municipal Authorities, pending disposal of the above writ petition. Counsel for the Petitioner: SRI MANCHANAPALLI SURYANARAYANA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.4:--^ The Court made the following: ORDER \ APHC010574022014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 39412/2014 Between: ...PETITIONER Chakka Raja Rao, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.MANCHANAPALLI SURYANARAYANA Counsel for the Respondent{S): 1.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: \ ORDER:- This Writ Petition is fiied by the petitioner, under Article 226 of the of India seeking Mandamus, for the following relief: “ to issue Writ Order or Direction more particuiarly one in the nature of Writ of Mandamus deciaring the action of the Respondents No.2 & 3 in not demolishing the said illegal construction made by the 4"’ respondent having any approved plan from the Municipal authorities m the aremises bearing D.N0.3B-17-26, sited at Sanagapappu Bazar, Southern Street, Eluru, West Godavari District is illegal, arbitrary and unconstitutional and consequently ^ ^Togsoondent 3 to demolish the illegal construction made by the 4 Respondent in the premises bearing D.No.3B-17-26, situated at S^naga^PPy Bazar Southern Street, Eluru, West Godavari District forthwith... Constitution counsel for the petitioner and learned counsel for the 2. Heard learned respondents. for hearing, learned Standing Counsel of instructions dated of the complaint made by Today when the matter came up Municipal Corporation has furnished a 3. copy for 05.01.2015, wherein it is stated that in pursuance 16.12.2014 alleging that the 4^" respondent has been making the petitioner on staff of the Eluru Municipal Corporation has verified illegal constructions, the the alleged construction and prima-facie found that the first floor construction sanction of building permission and taken up without obtaining any was issued under the provisions of Section 452 r/w Section therefore a notice was Act vide notice U.C.No.5061/G1/2014, dt.24.12.2014. 461 of HMC and the 4^" respondent have filed It is further stated that the petitioner cases in different Courts i.e.. O.A.No.38/2012 on the file of Junior Civil Judge 4. at Eluru, CMA No.14/2012 on the file of Principal District Judge, Eluru and ^ C.R.P.No.669/2014 before this Court. However, stated that they will initiate action in pursuance of the provisional notice issued on 24.12.2014. 5. In view of the facts and circumstances, the 4**^ respondent is permitted to submit her explanation within a period of two (2) weeks from the date of receipt of this order enclosing all the necessary documents in support of her claim to the above said provisional order dated 24.12.2014. same, the 2"’"' respondent is directed to proceed with the On receipt of the necessary enquiry in pursuance of the above said provisional order dated 24.12.2024 by hearing the parties concerned including the 4‘^ respondent and all upon verification of the records and the subject building, appropriate decision shall be own merits as expeditiously as possible preferably within a period of six (6) weeks thereafter. Pending the above said enquiry, there shall not be any co ercive steps. taken on its 6. With the above directions, the Writ Petition is disposed of. No order as to costs. Consequently miscellaneous applications pending Petition, shall also stand closed. if any, in the Writ Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Eluru Municipal Corporation, Eluru, West Godavari District. Planning Officer, Eluru Municipal Corporation, Eluru, West 3. The Town Godavari District 4. One CC to Sri Manchanapalli Suryanarayana, Advocate [OPUC] Sri A.S.C. Bose, SC for Municipal Corporation[OPUC] 5. OneCCto 6. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. S'?b HIGH COURT DATED:19/02/2025 / ORDER WP.No.39412 of 2014 DISPOSING OF THE W.P. WITHOUT COSTS