APHC010647902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33447/2023 Between: 1. V BADRINATH, S/O.V.GOPAL RAO, AGED ABOUT 39 YEARS, OCC BUSINESS, R/O.H.NO.22-59A,BANDIMETTA, POOLA BAZAR, KURNOOL CITY, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE KURNOOL MUNICIPAL CORPORATION, REP ITS COMMISSIONER, N.R.PETA, KURNOOL CITY, KURNOOL DISTRICT. 3. THE CITY PLANNING OFFICER, KURNOOL MUNICIPAL CORPORATION, KURNOOL CITY, KURNOOL DISTRICT. ...RESPONDENT(S): 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 a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents herein in rejecting the Petitioner's application dated 28.04.2023 for grant of building permission to construct house in an extent of 294.44 Sq.yards in Sy.No.126 situated at Ward No.43, Kurnool 2 Municipal Corporation limits, ECM High School Compound, adjacent to House No.43/127-1-1, Kurnool Sub Division, Kurnool District by Endorsement Roc. No.556843/2023/G-2, dated 19.10.2023 issued by the 2nd Respondent, which is illegal, arbitrary, unjust, unconstitutional, contrary to the Andhra Pradesh Municipal Corporations Act and violation of Articles 14, 19 and 300-A of the Constitution of India, and consequently set aside the same and direct the 2nd Respondent to grant building permission to the subject house plot or otherwise the Petitioner will suffer serious finance loss and great hardship and pass IA NO: 1 OF 2023 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 suspend the Endorsement Roc.No.556843/2023/G-2, dated 19.10.2023 issued by the 2nd Respondent-Corporation, further direction to the 2nd Respondent-Corporation to grant building permission to the subject plot, pending disposal of the Writ Petition and pass IA 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 grant leave to the petitioner (Respondent No.2) to file his Counter Affidavit in W.P.No.33447 of 2023 Counsel for the Petitioner: 1. CHALLA SIVASANKAR Counsel for the Respondent(S): 1. CHALLA SIVASANKAR Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M. Corporation in Rayalaseema Region In 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33447 of 2023 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent No.2 in rejecting the Petitioner’s application, dated 28.04.2023 for grant of building permission to construct house in an extent of 294.44 Sq. yards in Sy.No.126, situated at Ward No.43, Kurnool Municipal Corporation limits, ECM High School Compound, adjacent to House No.43/127-1-1, Kurnool Sub-Division, Kurnool District, by Endorsement Roc.No.556843/2023/G-2, dated 19.10.2023, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows:- The Petitioner along with his brother V. Ramnath claim to have purchased a house plot to an extent of 294.44 Sq. Yards as described above vide document No.3335/2022, dated 07.03.2022. Subsequently, a Rectification Deed was executed by their vendor vide document No.17441/2022, dated 21.07.2022, as the survey number was wrongly mentioned as ‘126/3’ instead of ‘126’. 4 3. On 28.04.2023, the Petitioner made an application for grant of building permission to construct house in the schedule property, however, the same was not considered by the Respondent No.2- Corporation. Thereafter, the Petitioner made another application on 17.08.2023 under Right to Information Act, 2005 about the status of the application dated 28.04.2023. Pursuant to the application under Right to Information Act, 2005, the information was given to the Petitioner by enclosing an Endorsement in R.C.No.585120/2023/G-1, dated 31.10.2023 stating that the building cannot be constructed in Sy.No.126 of Kurnool Town. 4. It is also stated that some of the persons have filed W.P.No.5877 of 2003 before this Court against the persons who have purchased plots in Sy.Nos.123(P), 125(P), 126(P) and 127(P), which form part of the E.C.M. High School for Girls, Kurnool and who had scope for approval of layout. The said Writ Petition was disposed of on 02.06.2016 directing the Kurnool Municipal Corporation to demolish the structures erected by the private respondents and further directed them to handover the vacant site to ECM High School within three months. 5. It is also stated that aggrieved by the Order dated 02.06.2016 passed in W.P.No.5877 of 2003, W.A.Nos.696, 732, 733, 734, 753, 754, 757 and 759 of 2016 were filed and this Court had passed interim 5 orders directing Respondent No.2-Corporation not to permit any constructions in the subject survey numbers. It is also stated that the Petitioner’s land comes outside the scope of the Writ Appeals and batch referred above, therefore the subject plot is not a disputed property and the endorsement given by the Respondent No.2- Corporation without any verification, cannot be sustained. Hence, the present Writ Petition is filed. 6. Respondent No.2-Corporation filed their Counter Affidavit stating that the building permission cannot be granted to any construction in Sy.No.126, as it is the school property, which a prohibited property. 7. It is also stated that the Town Surveyor had submitted a report stating that he has conducted a survey on 04.12.2024 in the presence of the Petitioner, he measured the house site of the Petitioner situated in Sy.No.126, ECM School along with the Ward Planning Secretary and after verification of F.M.B. Sketch of Sy.No.126, the said survey number was sub-divided as 126/1 and 126/2 with an extent of Ac.3.20 cents and 2.72 cents respectively. 8. As per the survey report, the construction proposed to be taken by the Petitioner based on the registered sale deed is in Sy.No.126/1 of ECH High School Compound and in the light of the interim orders 6 passed by this Court in the Writ Appeals and batch referred above, no permission for construction can be granted. 9. Having heard the respective counsels, a Division Bench of this Court in W.A.Nos.696 of 2016 and batch passed an interim order on 18.08.2016 and the operative portion of the order reads as under; “The Buildings already constructed on the subject land, are under imminent threat of demolition in view of the order under appeal and as several issues arose for consideration in these appeals, we consider it appropriate, as in interim measure, to direct the respondents not to demolish the subject structure in terms of the order passed by the learned Single Judge. It is made clear that this order shall not preclude the Kurnool Municipal Corporation from taking action, in accordance with the provisions of the GHMC Act, for any violation by the applicants in the construction of the subject buildings. While this order shall not preclude the school from making such construction as is required for the purposes of the School, the appellants shall not, during the pendency of these appeals, alienate, create third party rights or change the nature of the subject properties. No further construction shall be permitted on the subject land, other than by the School, and respondent Nos.5 and 6 shall ensure compliance of this order as the pain of contempt.” 10. In the light of the above, no constructions were permitted in the land covered under the Writ Appeals. The only issue that falls for consideration is whether the house plot of the Petitioner is covered 7 under the Writ Appeals. In the Counter Affidavit, it was stated that after filing of the Writ Petition, a survey was also conducted by the Town Surveyor in the presence of the Petitioner. The survey was conducted by the Town Surveyor and after verification of F.M.B. Sketch, the property of the Petitioner was coming under Sy.No.126/2, which is the E.C.M. High School Compound in Sy.No.126 and the land is covered under dispute, which is pending adjudication in the Writ Appeals and batch, as referred above. 11. In the light of the report of the Town Surveyor, this Court does not find any error in the rejection of the building plan by the Respondent authority. However, the Petitioner is at liberty to re-agitate the issue subject to the outcome of the above referred Writ Appeals and batch. 12. Accordingly, the Writ Petition is disposed of. 13. No order as to costs. 14. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.07.2025 IS 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33447 of 2023 Date: 09.07.2025 IS