1 HN, J W.P.No.25983_2025 APHC010496652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25983/2025 Between: 1. GAJULA KALAVATAMMA, W/O VENKATA SUBBAIAH AGED ABOUT 67 YEARS, H.NO. 2-5-32, SATRAM STREET, ALLAGADDA VILLAGE AND MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE ALLAGADDA MUNICIPALITY, REPRESENTED BY ITS COMMISSIONER, MUNICIPAL OFFICE, ALLAGADDA KURNOOL DISTRICT. ' 3. BANDARU GIRISH KUMAR, S/O B.P. DASTAGIRI, AGED ABOUT 34 YEARS, H.NO. 6-4-7/U/36, ROAD F NEW MASZID ROAD, ALLAGADDA TOWN AND MANDAL NANDYAL 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 an appropriate Writ of mandamus declaring the action of the 2nd respondent in not taking action while illegally constructing a building for purposes of residence and unauthorisidely or commercial by the 3rd respondent in an extent of 124 Square yards site in S. No. 146/1 bearing H.No. 13-5-30 in New Ward, Satram Street, in Allagadda Municipality of Nandyal District Bounded by East House of Gajula Kalavathi (2-5-31) West Nagar Panchayat Road, West Irrigaiton Bodhe and North Nagar Panchayat Road and South Nagar Panchayat Road, contrary to the lleged sanctioned plan as arbitrary, illegal, opposed to the principles of atural justice, contrary to the provisions of the APMR and UDA Act, 2016 nd consequently direct the 2 HN, J W.P.No.25983_2025 2nd respondent to demolish the unauthoriesed construction already made and to see not to proceed with further construction by the 3rd respondent and 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 IA NO: 2 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 IA NO: 3 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 Pleased to dispense with the filing of certified copy of order in W.P No.25983 of 2025 dated 14-10-2025 and to pass IA NO: 4 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 may be pleased to Vacate the interim orders Dt. 14.10.2025 passed in WP No 25983 of 2025 and dismiss the writ petition and pass Counsel for the Petitioner: 1. N SRIRAM MURTHY Counsel for the Respondent(S): 1. Gudapati Lakshminarayana SC For Municipalities in Rayalaseema Region 2. N ASWARTHA NARAYANA 3. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.25983_2025 ORDER: 1. The petitioner is filed the present writ petition, aggrieved by the inaction on the part of the 2nd respondent in not taking appropriate action against the unauthorized construction carried out by the 3rd respondent. 2. It is submitted that the vendor of the petitioner and the 3rd respondent is common, and that the 3rd respondent began construction by demolishing the old structure; in that process, the 3rd respondent demolished the common wall that existed between the petitioner’s property and the 3rd respondent’s property. In that regard, the petitioner submitted a representation dated 01.09.2025 to the 2nd respondent, requesting appropriate action against the 3rd respondent. It is submitted that the 2nd respondent, by proceedings dated 12.09.2025, informed the petitioner that their grievance had been appropriately addressed and closed the issue. 3. The respondent Nos.2 and 3 have filed counters. The 2nd respondent, in its counter, has placed on record the prior permission granted to the said building of the 3rd respondent, and also the revised permit order dated 04.11.2025. The 2nd respondent further submits that any illegal construction beyond the sanctioned extent will be appropriately dealt with. The 3rd respondent, in its counter, states that the apprehension of the petitioner that it was constructing without permission is unfounded, as the 3rd respondent had applied for permission and in fact obtained permission 4 HN, J W.P.No.25983_2025 on 19.06.2025. A stop order was issued after noticing certain shortfalls; after rectifying those, the 3rd respondent submitted a fresh application, and approval was granted on 04.11.2025. 4. Considering the submissions, and also noting that the direction sought against the 3rd respondent was in pursuance of the interim order by the 2nd respondent, the cause in the writ petition does not survive any further. However, it is made clear that the 3rd respondent must strictly follow the procedure in accordance with law, and any further deviation will be dealt with by the 2nd respondent. 5. The learned counsel for the 3rd respondent also submits that, in pursuance of G.O.Ms.No.225, the 3rd respondent has submitted an application for regularization of its deviation, which is currently under consideration. 6. Be that as it may, the present writ petition stands disposed off, with a direction to 2nd respondent to consider the application of the 3rd respondent for regularizing, if it meets the requirements of G.O.Ms.No.225. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:21.11.2025 NKA 5 HN, J W.P.No.25983_2025 152 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25983 of 2025 Date: 21.11.2025 NKA