APHC010744322015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28678/2015 Between: Kanumuri Nanda Kishore Varma ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: ORDER: The present Writ Petition came to be 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 impugned action of the 2nd respondent in not responding or taking action against several oral complaint and including the complaint Dt.2.3.2015 and despite of undertaking to take action against the 3rd respondent as stated in W.P.No.16315 of 2015 and in spite of legal notice sent to the respondents 2 & 3 complaining the illegal proceeding of constructions by the 3rd respondent and raising a third floor construction in common joint terrace of Gowtami Complex D.No.3- 1-104, Near Lalitha Theatre, Amalapuram without any manner of right and contrary to the original sanctioned plan, by the 2nd respondent and without any permissions from the 2nd respondent as illegal, arbitrary and violative of the principles of natural justice and consequently direct the 2nd respondent to order demolition of the illegal constructions made by the 3rd respondent on the 2nd floor without any permission and without any right by the 3rd respondent and pass…” 2. Today, when the matter came up for hearing, Sri Radha Krishna, learned Standing Counsel appearing for the respondent No.2 has produced a copy of instructions dated 31.12.2024 issued by the Commissioner, Amalapuram Municipality, wherein it is stated that pending the present writ petition the petitioner herein had filed another writ petition vide W.P.No.16315 of 2015 on the same issue, wherein it was brought to the notice of this Court that the Amalapuram Municipality has issued notices dated 03.03.2015 and 16.03.2015 to the unofficial-respondents therein directing them to stop the construction and as such this Court vide order dated 10.06.2015 disposed of the aforesaid writ petition. It is further stated that, in the present case, after receiving the complaint from the petitioner in the month of March, 2015, the Municipality had stopped the unauthorized construction made by the respondent No.3, in 2015 itself and even as on today, the same position is prevailing. 3. Recording the said instructions, this Court is of the opinion that the cause in the writ petition does not survive for further adjudication. 4. Accordingly, the writ petition is dismissed as infructuous. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 02.01.2025 SRT 273 THE HONOURABLE SMT.JUSTICE V.SUJATHA W.P.No.28678 of 2015 Date: 02.01.2025 SRT