IH IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13987 OF 2014 Between: Samatham Venkateswara Rao S/o.Ramachandra Rao, Occ: Business R/o. Door No.5-3-67 (1/2), II Ward, Tatavathi Miliu Veedhi! Mentivarithota, Bhimavaram-I, West Godavari District ...Petitioner AND 1. The Government of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration, Secretariat, Hyderabad. 2. The Commissioner, Bhimavaram Municipality, Bhimavaram. 3. Samatham Manikyala Rao S/o. Jagga Rao, Occ; Business, R/o.Koyavari Street, Bhimavaram. ...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 an appropriate writ, order or direction more particularly on the nature of writ of mandamus declaring the action of 2"^^ respondent in not preventing the illegal construction of 3'"' respondent made in D.No.5-7-4 (1,2,3,4) of 2 nd Ward, Koyavari Street, Bhimavaram is illegal, irregular, arbitrary and violative of the provisions and of Municipalities Act and Rules framed there in and also Articles 14, 21 and 300 of the Constitution and nd consequently direct the 2 constructions made by 3'^^ respondent. respondent to demolish the unauthorized w I.A. NO: 1 OF 2014(WPMP. NO: 17449 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 2'^^ respondent to grant stay for constructions being under taken by the respondent in D.No.5-7-4 (1,2,3,4) of 2 nd Ward, Koyavari Street, Bhimavaram by considering the representation made by the petitioner on 18-03-2014 & 28-03-2014, pending disposal of the writ petition. Counsel for the Petitioner(s):SRI. KONEY SATYANANDA RAO Counsel for the Respondents: M/s SIREESHA RANI VALLABHANENI, STANDING COUNSEL FOR MUNICIPALITIES Counsel for the Respondents: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT The Court made the following order: APHC010613542014 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: 13987/2014 Between: Samatham Venkateswara Rao S/o.ramachandra Rao AND The Government Of Andhra Pradesh and Others Counsel for the Petitioner: 1. KONEY SATYANANDA RAO Counsel for the Respondent(S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP FOR MUNCIPAL ADMN AND URBAN DEV The Court made the following: ...PETITIONER ...RESPONDENT(S) ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief;- “...to issue an appropriate writ, order or direction more particularly on the nature of writ of mandamus declaring the action of 2nd respondent in not preventing the illegal construction of 3rd respondent made in D.No.5-7-4 (1,2,3,4) of 2nd Ward, Koyavari Street, Bhimavaram is illegal. Irregular, arbitrary and violative of the provisions and of Municipalities Act and Rules framed there in and also Articles 14, 21 and 300 of the Constitution and consequently direct the 2nd respondent to demolish the unauthorized constructions made by 3rd respondent and pass... ” The action of the 2'^'^ respondent in not preventing the illegal construction made by the 3'"' respondent in D.No.5-7-4 (1, 2, 3, 4) of the 2 Ward, Koyavari Street, Bhimavaram, is being challenged in the present writ petition and the petitioner is seeking a direction to the respondents to demolish the unauthorized constructions made by the 3'^^ respondent. 2. nd When the writ petition came up for hearing on 29.04.2014, this Court has passed the following order: 3. "...Suffice it for the present, if the third respondent is directed not to make any construction on the top floor of the building, except with the prior permission of the second respondent. ” Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for Municipal Administration and Urban Development. 4. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the 2"^^ respondent dated 06.01.2025 wherein it is stated that though permission was issued to 5. the 3'^'^ respondent for construction of ground and first floor building vide B.A.NO.80/TPSI/2010/G2, dated 10.05.2010, the S'"* respondent has constructed ground floor, first floor, second floor and one room on the third floor during the year 2010 by deviating from the sanctioned plan. As such, the 2"*^ respondent has issued notice under Section 228(1 )(2) and (3) of APM Act, 1965 vide 29/10 TPS 1, dated 23.09.2010. In view of the fact that the unauthorized construction made by the 3'^^ respondent in his property, the respondents have already issued notice under Section 228(1 )(2) and (3) of APM Act, 1965 vide 29/10 TPS 1, dated 23.09.2010, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to initiate further course of action against the 3'"^ respondent in accordance with law, as expeditiously as possible, if it is found that the respondent has deviated from the sanctioned plan, preferably within a period of three (3) months from the date of receipt of a copy of this order. 6. Accordingly, with the above direction, this writ petition is 7. disposed of. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. registrar ^— SECTION OFFICER //TRUE COPY// To 1. The Principal Secretary, Municipal Administration, Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Bhimavaram Municipality, Bhimavaram. 3. One CC to Sri Koney Satyananda Rao, Advocate [OPUC] 4. One CC to M/s Sireesha Rani Vallabhaneni, Standing Counsel for Municipalities [OPUC] 5. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM r—, HIGH COURT DATED:24/01/2025 ORDER x 2 5 FEB 2C23 WP.No.13987of 2014 Current Section w£es oetc DISPOSING OF THE WP WITHOUT COSTS