1 HN, J W.P.No.4282_2021 APHC010072192021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4282/2021 Between: 1. SUNKARA BRAHMAJI,, W/O.SATYANARAYANA, AGED 57 YEARS R/O.D.NO.20-15-47, S.P,STREET, BHIMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIP SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUD AMARAVATHI, GUNTUR DISTRICT. 2. THE REGIONAL DEPUTY, DIRECTOR OF TOWN AND COUNTRY PLANNING., CVL PURAM, RAJAMAHENDRAVARAM, EAST. GODAVARI DISTRICT. 3. THE BHIMAVARAM MUNICIPALTIY, BHIMAVARAM, WEST GODAVARI DISTRICT, REP.BY ITS COMMISSIONER. 4. THE ASSISTANT CITY PLANNER, BHIMAVARAM MUNICIPALTIY, BHIMAVARAM, WEST GODAVARI DISTRICT. 5. GRANDHI CHALLARAO, S/O.SRIRAMA MURTHY, AGED ABOUT 52 YEARS, R/O.D.NO.20-15-50, SP STREET, BHIMAVARAM, WEST GODAVARI 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 topleased to issue a Writ of Mandamus, or other appropr ate writ, order or direction, declaring the action of the respondents 2 to 4 herein in not taking any action for removal of illegal construction being carried by the 5th respondent in the premises of D.No.20-15-50 of Sunkara Paddayya Street, G- unipudi, Bhimavaram, West Godavari District as illegal, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of Constitution of India and contrary to the provisions of Andhra Pradesh Municipalities Act, 2 HN, J W.P.No.4282_2021 1965 and the provisions of Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 and pass IA NO: 1 OF 2021 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 pleased to direct the respondents 2 to 4 herein to prevent the illegal constructions being carried by the 5th respondent in the premises of D.No.20- 15-50 of Sunkara Paddayya Street, Gunipudi, Bhimavaram, West Godavari District till the exercise completed under the provisions of Andhra Pradesh Municipalities Act, 1965 and the provisions of Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, pending disposal of the writ petition and pass IA NO: 2 OF 2021 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 Pleased to as the Respondents herein and more particularly No.3 i.e., The Commissioner, Bhimavarm Municipal Office, West Godavari and Respondent No.4 ie. The Assistant City Planner, Bhimavaram Municipal Office are carrying out the demolishing works at Building Door No./Plot No.20-15-50 of Sunkara Paddayya Street, within the Municipal limits of Bhimavaram, therefore, it is PRAYED that this Hon'ble Court may be pleased to DIRECT the Respondents more particularly Respondent No.3 and 4 i.e., the Commissioner, Municipal Office, Bhimavaram and Asst. City Planner, Bhimavaram Municipal Office NOT TO CARRY OUT ANY FURTHER DEMOLISHINGS in the said building/Plot bearing No.20-15-50, pending disposal of Writ Petition No.4282 of 2021 and pass such other order or Counsel for the Petitioner: 1. ARAVALA RAMA RAO Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) 3. KVSD RAVI TEJA 4. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.4282_2021 ORDER: 1. There is no representation for the petitioner today. 2. The petitioner is aggrieved by the inaction on the part of respondent Nos.2 to 4 in taking action against the unauthorized construction made by the 5th respondent. 3. The learned counsel appearing for the 5th respondent submits that a direction was issued on account of deviation from the sanctioned plan. It is further submitted that six shops constructed in the stilt floor, which was earmarked for parking purposes, were removed by the municipal authorities. 4. It is further submitted that the 5th respondent intends to submit an application seeking regularization of the deviations, insofar as the setbacks are concerned. 5. The learned Standing counsel appearing for the 3rd respondent submits that the 5th respondent has also constructed an unauthorized penthouse, and that the Municipality will take further action by issuing appropriate notices in accordance with law. 6. Recording the above submissions, the writ petition stands closed, leaving it open to the respondents to take appropriate steps against the unauthorized construction. At the same time, any application submitted by the 5th respondent for regularization shall be considered in terms of 4 HN, J W.P.No.4282_2021 G.O.Ms.No.225, in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:02.12.2025 NKA 5 HN, J W.P.No.4282_2021 290 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 4282 of 2021 Date: 02.12.2025 NKA