1 APHC010583292013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33984/2013 Between: Kotha Bathaiah Naidu ...PETITIONER AND The Nellore Municipal Corporation Rep By Its ...RESPONDENT Counsel for the Petitioner: 1. K JAYA KUMAR Counsel for the Respondent: 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 ORDER: This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “…issue a writ or order or direction more particularly one in the nature of Writ of Mandamus in deciding to demolish the property of the petitioner i.e., Flat No.GC on ground-floor of Anuradha Apartments admeasuring 1600 sq.ft., Car Parking area 105 sq.ft. and undivided share of 76 yards of Anuradha Apartments, Netaji Nagar, Nellore in pursuance of the notice in Roc.No.1884/10/G1 dated 18.11.2013 issued by the respondent and further prays to direct the respondent not to demolish or dispossess the petitioner from the above said premises…” 2. When the matter came up for admission, on 26.11.2013, this Court passed the following order:- “It is made clear that the impugned order is only a notice issued under Subsection 1 of Section 452. The petitioner is at liberty to file his response to this notice dated 18.11.2013 and only after considering the said explanation, appropriate orders be passed under Subsection 2 of Section 452 and thereafter only after issuing the final notice under Section 636 of the Hyderabad Municipal Corporation Act, provisions of which enactment are applicable to the Nellore Municipal Corporation, the necessary follow-up action be initiated, but not otherwise.” 3. Today, when the matter came up for hearing, learned Standing Counsel representing the respondent, has furnished a copy of instructions of the Deputy City Planner, dated 21.01.2025, wherein it is stated that in pursuance of the orders passed by this Court, the petitioner has submitted his explanation, on 29.11.2013, the same was examined and endorsed vide Roc.No.1884/2013/G1, dated19.12.2013 by the Commissioner herein. Thereafter, the parking area at Anuradha Apartment, Podalakur Road, Nellore 3 BIT I, SPS Nellore District, was demolished by the authority by duly following the procedure in the interest of justice in the year 2013 itself and the same is being utilized as parking area as per the approved plan vide B.A.No.2/1999.G2, dated 05.02.1999. 3. As action has already been initiated, pending the writ petition, by duly demolishing the illegal constructions raised by the petitioner herein, no further cause survives. 4. In view of the same, the Writ Petition is closed. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 24.01.2025 JLV