IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY^^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA^^f^^''' WRIT PETITION NO: 31528 OF 2024 AMARAVATI A M > D; Between: Santolla Narasimhulu, S/o late Ramudu, Superintendent Engineer, Panchayath Raj Nagar, AnanthapuramuTown and District. Aged about 73 Years, Retired R/o. D.No. 12-4-25, Vidyuth ...PETITIONER(S) AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Administration Department, Secretariat Buildings, Velagapudi District. 2. The District Collector, Ananthapur, Ananthapuram District. 3. The Ananthapur Municipal Corporation, Rep. by its Commissioner Ananthapur, Ananathapuram District. 4. P. Janaradhan Naidu, S/o Not Known No. 61, Vidyuth Nagar, Ananthapuramu Town Municipal Guntur Aged about 48 years, R/o. Flat and District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the crcumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction may more particularly one in the action of the 3^^ respondent in not respondent for unauthorized construction nature of writ of mandamus declaring the initiating any action against the 4*^ of 6 floors building being in an extent of Ac. 0.06 cents in plot No. 61 situated at Vidyuth Nagar, Ananthapur Municipal Corporation Area, Ananthapuram Town and District as illegal, arbitrary and violation of i of India and contrary to the IS article 14, 21 and 300-A of the Constitution Greater Hyderabad Municipal Corporation Laws and consequently direct the 3rd respondent to initiate appropriate action against the 4”^ respondent forthwith. lA NO: 1 OF 2024 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 3"'^ respondent not to permit the 4*'' respondent for unauthorized construction of 6 floors building being in an extent of Ac. 0.06 cents in plot No. 6 situated at Vidyuth Nagar, Ananthapur Municipal Corporation Area, Ananthapuram Town and District, pending disposal of the writ petition. Counsel for the Petitioner: SRI P. NARASIMHULU Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.3: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No.4:— The Court made the following: ORDER APHC010602962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31528/2024 Between: ...PETITIONER Santolla Narasimhulu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.P NARASIMHULU Counsel for the Respondent(S): 1.M Krishna Rao SC for ski vzm kkd Municipal Corporations 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR REVENUE The Court made the following: .A ORDER;- This Writ Petition is filed by the petitioner, under Article 226 of the Constitution of India seeking Mandamus, for the following relief: “...to issue a writ order or direction more particuiarly one in the nature of writ of mandamus declaring the action of the 3rd respondent in not initiating any action against the 4 respondent for unauthorized construction of 6 floors building being in an extent of Ac.0.06 cents in plot No.61 situated at Vidyuth Nagar, Ananthapur Municipal Corporation Area, Ananthapuram Town and District is as illegal, arbitrary and violation of article 14, 21 and 300-A of the Constitution of India and contrary to the Greater Hyderabad Municipal Corporation Laws and consequently the 3'"^ respondent to initiate appropriate action against the 4 respondent forthwith..’’ 2. The petitioner is the absolute owner and possessor of the land to an extent of Ac.0.13 cents in town Survey No.286-1,2 and 3 in Ward Nos.8 and 12 situated at Ananthapur Municipal Corporation Area, Ananthapuram Town and District. While the matter being so, as the 4'*^ respondent started unauthorized constructions on the southern side of the petitioner’s plot, without obtaining any prior permission from the competent authorities, by duly the petitioner has submitted a encroaching the road margin also representation on 15.07.2024 to the 2^^^ respondent herein. As no action has been initiated by the respondents as against the 4^'" respondent, in pursuance of the petitioner’s representation dated 15.07.2024, the present writ petition is filed. 3. Today, when the matter came up for hearing, Mr.ASC Bose, learned Standing Counsel for Municipal Corporation representing respondent No.3, has submitted a copy of instructiohs'lDf the Assistant City Planner, Municipal Corporation, Ananthapuramu, dated 07.01.2025, wherein it is stated that after receiving the complaint from the petitioner, the Municipal Corporation has visited the building and having identified the set back deviation, have issued a provisional notice vide notice No.79/1001/UC/ATP/2024, dated 15.05.2024, to the 4*'^ respondent and the same was served on 17.05.2024, directing him to rectify the deviations in seven days, failing which, action will be initiated as per rules under Sections 452(1) & 461(1) of APMC Act, 1955, and also as per Sections 86, 89(1 &2), 90(1) of APMR & UDA Act, 2016. As the 4*^ respondent has not responded for the same, a confirmation notice was issued vide notice NO.79/1001/UC/ATP/2024, dated 11.06.2024, which was served on 14.06.2024. In view of the same, as the action has already been initiated by the respondents by issuing a provisional notice dated 15.05.2024 and a confirmation order dated 11.06.2024, instructing the 4*^ respondent herein not to proceed further with a construction, this Court is of the opinion to dispose of the writ petition by directing the 3'"'^ respondent to initiate further action as against the 4‘^ respondent, in pursuance of the confirmation order dated 11.06.2024, in accordance with law, within a period of two months, from the date of receipt of a copy of this order. 4. 5. With the above said direction, the writ petition is disposed of. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. The District Collector, Ananthapur, Ananthapuram District. The Commissioner, Ananthapur Municipal Corporation, Ananthapur, Ananathapuram District. One CC to Sri P. Narasimhulu, Advocate [OPUC] One CC to Sri A.S.C. Bose, SC for Municipal Corporation[OPUC] Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[OUT] ThreeCD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb ,r>>' HIGH COURT DATED:08/01/2025 > V ORDER WP.No.31528 of 2024 OV. * 2 8 JAN 2025 ml. % C9/ ^ . Current Section ^ % DISPOSING OF THE W.P. WITHOUT COSTS