APHC010634142023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 32729/2023 Between: Makijani Suresh, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. PEETA SIVA SANKAR 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4. V SAI KUMAR 5. . The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.32729 of 2023 ORDER: This writ petition is filed questioning the show cause notice dated 11.12.2023 in exercise of power under Section 635 of A.P.Municipal Corporation Act, 1955 calling upon the Petitioner to submit explanation within three (3) days as to why structure in question which is in dilapidated condition shall not be removed. 2. This Court on 28.12.2023 passed an interim order directing the Petitioner to approach Registrar, Andhra University so as to instruct the concerned department to inspect the premises and issue certificate whether the structure in question is dilapidated or not. The operative portion of the interim order reads as under: ‘In view of the above, the Petitioenr shall approach the Registrar, Andhra University, within a period of two weeks from today, with a request to instruct the concerned to inspect the premises bearing D.No.27-4-1, Main Road, Purna Market, by paying necessary fee and expenses. Learned Registrar, Andhra University shall take necessary steps to instruct the concerned to inspect the premises. Till Civil Engineering Department, Andrha University, issues certificate, petitioner shall not carry on the business in the subject premises.’ 3 4. Learned counsel for the Petitioner submits that pursuant to the order passed by this Court, the Civil Engineering Department, Andhra University had visited the premises on 12.01.2024 and conducted structural stability test. Subsequently, on 18.01.2024, the structural soundness certificate was issued and the same was enclosed to the additional affidavit filed by the Petitioner on 31.01.2024. 5. As per the certificate, the Department of Civil Engineering, Andhra University had got conducted Ultra Pulse Velocity Test and Rebound Hammer Test and opined that the building is in good condition as there are no visible distress to the structural slab. The conclusive portion of the report is extracted below: ‘Slab and brick work of the building are verified to be in good condition. There is no visible distress observed in the structural slab portion of the building. Hence, based on the physical veirificationa nd NDT test results, the building at D.No.27-4-1, Shilpa Fancy Store, D.No.27-4-1, Near Purna Market (Ward Number 26), Main Road, Visakhapatnam-2 is found tobe strucutrally stable and sound to take care of the loads in the present condition.’ 6. In view of the above, the Respondent-Authority is directed to consider the structural soundness certificate submitted by the 4 Petitioner and pass appropriate orders. In the meantime, the Petitioner is entitled to continue his business in the premises. 7. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 24.04.2025 KLP