IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12587 OF 2014 Between: 1. Ujwal Royal Apartment Flat Owners ssociation,, D.No.26-16-403 , Ujwal Royal Apartment NGO Colony, B.V.Nagar, Nellore, Represented by its Secretary, Shaik Jafar Saheb, Son of Miyajohn Saheb, aged about 62 years, resident of Flat No.303, Ujwal Royal Apartnnent, Nellore, SPSR Nellore District. ...PETITIONER(S) AND 1. The Municipal Corporation of Nellore,, Represented by its Commissioner, Nellore, SPSR Nellore District. 2. Bollineni Subba Naidu,, Son of Venkata Subba Naidu, Aged about 59 years, D.No.26/1/442, Bhakthavastala Nagar, NGO Colony, Nellore-4. 3. Bollineni Srihari,, Son of Subba Naidu, aged about 35 years. Managing Partner, Ujwal Royal Apartments, H.No.26-13-403, NGO Colony, Bakthavasthala Nagar, Nellore, SPSR Nellore District; ...RESPONDENTS 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 r' pleased to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus, directing the 1st respondent to act in accordance with Rules and Bye-laws of the Municipal Corporation and remove/demolish the unauthorized constructions i.e., pent house i.e., fifth floor on the terrace being constructed by the 3,1 respondent at Ujwal Royal Apartments, situated at H.No.26-13-403, NGO Colony, Near Saibaba Temple, Bakthavasthala Nagar, Nellore, SPSR Nellore District, which are contrary to approved plan and consequently direct the 3rd respondent to stop the illegal construction. I.A. NO: 1 OF 2014rWPMP. NO: 15791 OF 2014) 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 1st respondent to stop the illegal construction being undertaken by the 3rd respondent i.e., fifth floor (pent house) i.e., at Ujwal Royal Apartments, situated at H.No.26-13-403, NGO Colony, Near Saibaba Temple, Bakthavasthala Nagar, Nellore, SPSR Nellore District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI G VENKATESWARLU Counsel for the Respondent R.1: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondent R.2 & R.3 : C BHARGAVA SARMA The Court made the following: ORDER APHC010743932014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12587/2014 Between: ...PETITIONER Ujwal Royal Apartment Flat Owners Ssociation AND ...RESPONDENT(S) The Municipal Corporation Of Nellore and Others Counsel for the Petitioner: 1.G VENKATESWARLU Counsel for the Respondent(S): 1.C BHARGAVA SARMA 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue an appropriate Writ, order or direction, more particuiariy one in the nature of Writ of Mandamus directing the respondent to act in accordance with Ruies and Bye-taws of the Municipai Corporation and remove/demolish the unauthorized constructions i.e., pent house i.e., fifth floor on the terrace being constructed by the 3^'^ respondent at Ujwal Royal Apartments situated at H.No.26-13-403, NGO Colony, Near Saibaba Temple, Bakthavasthala Nagar, Nellore, SPSR Nellore District, which are contrary to approved plan and consequently direct the 3'^ respondent to stop the illegal construction and pass....” \ Heard learned counsel for the petitioner and learned Standing counsel \ 2. appearing for the respondents. When the matter came up for admission on 23.04.2014, this Court 3. passed the following interim order; “....The respondents 2 & 3 shall not carry on any constructions without first obtaining the permission from the f‘ respondent-Municipal Corporation and thereafter, shall carry on constructions strictly in accordance therewith. ” Today, when the matter came up for hearing, learned Standing Counsel 4. furnished a copy of instructions of the Deputy City Planner, Nellore Municipal Corporation-respondent No.1 duly informing this Court, that on a complaint made by the petitioner, the town planning staff has visited the respondent No.3 building and identified pent house constructed by him and after following 3 due procedure, the same was regularized vide BPS No.NEL/MO/26/57 83215 dated 03.07.2017. 5. Recording the same, this Court feels that no further cause survives i this writ petition. in 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. OneCCto SRI. G VENKATESWARLU Advocate 2. One CC to SRI. A S C BOSE (SC FOR MUNICIPAL AP) Advocate [OPUC] 3. One CC to SRI. C BRaRGAVA SARMA Advocate [OPUC] 4. THREE CD Copies [OPUC] CORPORATIONS Gsd V HIGH COURT DATED:22/01/2025 ORDER ^^orANB}}^ I 07 MAY 2025 Current Secuon . "V ^^£?«patch^-5^ WP.No.12587 of 2014 m WRIT PETITION IS CLOSED