Bandela Mary Mahitha Kumari v. The State of Andhra Pradesh, Rep. by its Principal
WP/44039/2016 · 2025-09-11
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38900 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38900 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 HN, J W.P.No.44039_2016
APHC010790782016
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 44039/2016 Between:
1. BANDELA MARY MAHITHA KUMARI, W/O VIJAYA KUMAR GOGADA, AGED ABOUT 45 YEARS. OCC:HOUSEHOLD, R/O 13-1-525-6, LECTURERS COLONY, ANANTAPUR DISTRICT-A.P.
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL, SECRETARY, MUNICIPAL ADMINISTRATION, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT
2. ANANTAPUR MUNICIPAL CORPORATION ANANTAPUR, A.P. REP. BY ITS COMMISSIONER
3. THE TOWN PLANNING OFFICER, ANANTAPUR MUNICIPAL CORPORATION, ANANTAPUR-A. P.
4. SMT D SRAVANI SRINIVAS, W/O D.SRINIVASA RAO AGED :MAJOR, OCC:HOUSEHOLD, R/O H.NO.13-1-630-76, REVENUE COLONY, ANANTAPUR, DISTRICT- A.P.
...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 toIssue a writ, order or direction more particularly one in the nature of Writ of MANDAMUS, or any other appropriate writ or writs, declaring the action of the Respondents No.2 & 3 in not taking the action for demolition of
2 HN, J W.P.No.44039_2016
the unauthorised construction raised by the Respondent No.4 as per the Municipal Corporation Act and not considering the complaint dated.10-10- 2016 submitted by the Petitoner to stop the unauthorized construction being made by the Respondent No.4 over the Plot No.2 tying on the Western side of the Petitioner's property bearing Plot Nos.3 & 4 in Sy.No.98-2, of Kattarangaiahshetty Layout in Anantapuram Town and District, as arbitrary, illegal and contrary to law, and consequently direct the Respondents No.2 & 3 to consider the complaint dated.10-10-2016 of the petitioner in accordance with law forthwith , and may pass IA NO: 1 OF 2016(WPMP 54341 OF 2016 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 Direct the Respondents No.2 & 3, to stop the unauthorized construction over being made by the Respondent No.4 over the Plot No.2 lying on the Western side of the Petitioner's property barring Plot Nos.3 & 4 in Sy.No.98-2, of Kattarangaiahshetty Layout in Anantapram Town and District, pending disposal of the Writ Petition, and may pass Counsel for the Petitioner:
1. MUDDU VIJAY Counsel for the Respondent(S):
1. HARISH KUMAR RASINENI
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
3.
S D GOWD
3 HN, J W.P.No.44039_2016
ORDER:
1. There is no representation on behalf of the petitioner(s). 2. The learned counsel appearing for the respondent No.4 submits that the subsequent to the filing of writ petition, the petitioner submitted a representation under the Building Permission Scheme (for short, “BPS”), which was introduced in the year 2019, and the building construction of the petitioner was regularized after payment of penalized charges amounting to Rs.1,88,043/-. The relevant proceedings have been placed on record. 3. Considering the same, the present writ petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:12.09.2025 NKA
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506 THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 44039 of 2016 Date: 12.09.2025
NKA