APHC010627772015 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5990 OF Between: Shaik Mohammed Rafi, and Others The State Of A P and Others Counsel for the Petitioner(S): 1. P NARAHARI BABU Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5990 OF 2015 Shaik Mohammed Rafi, and Others ...PETITIONER(S) AND The State Of A P and Others ...RESPONDENT(S) Counsel for the Petitioner(S): P NARAHARI BABU Counsel for the Respondent(S): GP FOR HOME (AP) MUNCIPAL ADMN AND URBAN DEV(AP) S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] WEDNESDAY ,THE SECOND DAY OF APRIL THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5990 OF 2015 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the threatened action by issuing notices dated 23.09.2014 and 15.11.2014 bearing U.C.No.3/2014/BO-VII and U.C.No.3/2014/ BO-VII by the Respondents 2 and 3 against the petitioners in demolishing the proposed RCC construction in CAS No.1458/5, Nellore Bit-I, Ramesh Reddy Nagar, CAM Layout, under old assessment No.31636/60974, D.No.23/838/3 in an extent of 13 ½ Ankanams of site of writ petitioners as illegal, arbitrary and unfair and pass such other orders....” 2. Learned counsel for the petitioners submitted that the Commissioner, Nellore Municipal Corporation has issued notice dated 23.09.2014 under Section 461 of A.P. Municipal Corporation Act, 1955. As per the said notice, the petitioners were called upon to stop further construction as the same is unauthorized and directed them to remove the same. 3. Learned Standing Counsel for the respondents, on instruction, submits that one Smt. P. Suseelamma had filed W.P.No. 29242 of 2014 against the petitioners, questioning the action of the Municipal Authorities in not taking any action against the constructions have been made by them. She also filed W.P.M.P.No.36562 of 2014 along with Writ Petition to direct the Municipal Authorities to take immediate action to stop the constructions. This Court passed interim direction as prayed for vide order dated 18.10.2014. Subsequently, a Contempt Case in C.C.No.1959 of 2016 had filed. Thereafter, the Corporation after scrutinizing all the documents and physical features of the building regularized the construction vide proceedings BPS/NEL/MO/23/ 1491515, dated 24.11.2016. The said Smt. P.Suseelamma had also filed another W.P.No.43851 of 2016 challenging the regularization proceedings dated 24.11.2016 and this Court suspended the said building regularization proceedings, vide order, dated 10.07.2017. Thereafter, the respondent Corporation had revoked the BPS proceedings dated 24.11.2016. 4. In view of the said circumstances, this Writ Petition is closed; it is left open to the petitioners to pursue their remedies in W.P.No.43851 of 2016 pending before this Court. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 02.04.2025 KK