APHC010574682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29649/2025 Between: 1. HIGH YIELD ESTATES PVT LTD, REP. BY ITS DIRECTOR SARAGADAM PAVAN BHARAT OFFICE AT- D NO. 1-139, OLD PENDURTHI VISAKHAPATNAM- 531173 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, AMARAVATHI 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER VISAKHAPATNAM, ANDHRA PRADESH 3. THE ZONAL COMMISSIONER ZONEVII, (PENDURTHI ZONE),GVMC, VISAKHAPATNAM 4. THE ASSISTANT CITY PLANNER ZONEVII, . (PENDURTHI ZONE), GVMG, VISAKHAPATNAM 5. THE CHIEF CITY PLANNER ZONEVII, . (PENDURTHI ZONE), GVMC, VISAKHAPATNAM ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent corporation in interfering 2 VS,J W.P.No.29649 of 2025 with the construction of the building by the petitioner at D No. 6-147/2/1 in Sy No.247/6 Pendurthi, Visakhapatnam i.e. without issuing any show cause notice and without considering the petitioner's compliance to the shortfall notice as illegal, arbitrary, without authority of law and in violation of well- settled principles of natural justice and consequently direct the respondents not to interfere with the construction activities of the petitioner company without due process of law and to pass IA NO: 1 OF 2025 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 direct the respondents not to interfere with the constriiction of building at D No. 6-147/2/1 in Sy No.247/6 Pendurthi, Visakhapatnam, pending the above writ petition pending disposal of the above writ petition and to pas Counsel for the Petitioner: 1. GHANTA SRIDHAR Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 VS,J W.P.No.29649 of 2025 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent corporation in interfering with the construction of the building by the petitioner at D No. 6-147/2/1 in Sy.No.247/6 Pendurthi, Visakhapatnam i.e. without issuing any show-cause notice and without considering the petitioner's compliance to the shortfall notice as illegal, arbitrary, without authority of law and in violation of well- settled principles of natural justice and consequently direct the respondents not to interfere with the construction activities of the petitioner company without due process of law ….” 2. The brief facts of the case are as follows: a) The petitioner company entered into a Development Agreement to construct a residential apartment at Door No.6-147/2/1 in Sy.No.247/6, Pendurthi, Visakhapatnam, with one Mukku Shiva Rama Krishna Sharma and five others. As per the conditions specified in the development agreement, the petitioner company was to construct stilt, ground + four upper floors in the subject property within a period of 36 months. Accordingly, the petitioner company made an application for building permission on 17.10.2023. Upon which, the respondent Corporation granted permission for construction of a residential apartment building vide permit No.1086/4621/B/Z8/EGE/2023 dated 26.11.2024 in the name of Sri Saragadam Appalanaidu, Managing Director of the petitioner company. 4 VS,J W.P.No.29649 of 2025 b) It is further stated that a Rectification Deed dated 15.09.2023 bearing document No.6167/2023 was entered into for the reason that the survey number was wrongly mentioned in the aforesaid Development Agreement as Sy.No.247/6 instead of Sy.No.247/4. Pursuant thereto, the respondent Corporation vide its letter No.EDS/1086/2023/4014 dated 24.08.2025 issued an endorsement notifying the objections and shortfalls found in the primary documents submitted by the petitioner company along with the building permit application. For which, the petitioner has submitted all the requisite documents including photographs showing access roads, master plan extract, encumbrance certificate, drawing plan, soil test report and structural stability report. c) Despite the same, as the respondents were interfering with the petitioner’s possession, the petitioner company again submitted a representation to the respondent Corporation on 01.09.2025. However, the plan sanctioned by the Corporation is subsisting. As the action of the respondent Corporation in interfering with the construction of the building in accordance with the sanctioned plan without issuing any notice is illegal and arbitrary, the present writ petition is filed. 3. Heard learned counsel for the petitioner and Mr.A.S.C.Bose, learned Standing Counsel representing respondents No.2 to 5. 4. Learned Standing Counsel has furnished a copy of instructions of the 4th respondent, wherein it is stated that the respondent Corporation issued 5 VS,J W.P.No.29649 of 2025 Endorsement Letter No.EDS/1086/2025/1177, dated 15.10.2025 as well as Stop Work Order Letter No.SWO/1086/2025/0884 on the same date. Despite the same, the petitioner did not address the shortfalls and proceeded with the construction, completing the slabs for the stilt, ground and first floors and also commenced work on the second floor. However, it is stated that the office has initiated action to ensure compliance with the applicable Acts, Building Rules, and G.O.Ms.No.119, dated 28.03.2017. It is further stated that no coercive steps have been taken against the building as of today. 5. During the course of arguments, learned counsel for the petitioner has stated that in pursuance of the Stop Work Order Letter No.SWO/1086/2025/0884 dated 15.10.2025, the petitioner company would submit all the requisite documents as required by the respondent Corporation and till such time, the respondent Corporation and requested this Court to direct the respondent Corporation not to initiate any coercive steps as against the petitioner till such time. Learned Standing Counsel appearing for the Corporation also consented for the same. 6. Recording the same, instead of going into the merits of the case, this Court feels it appropriate that, as the petitioner company has already submitted all the relevant documents in pursuance of the Endorsement Letter No.EDS/1086/2025/1177, dated 15.10.202, the petitioner was also at liberty to submit all the relevant documents in pursuance of the Stop Work Order Letter No.SWO/1086/2025/0884 dated 15.10.2025, within a period of one (1) week 6 VS,J W.P.No.29649 of 2025 from the date of receipt of a copy of this order. Upon such submission, the respondents shall consider the same and pass appropriate orders in accordance with law. Till such time, no coercive action shall be initiated as against the petitioner company. 7. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 29.10.2025 KGR