1 HN, J W.P.No.28485_2023 APHC010544232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28485/2023 Between: 1. DAR TOWERS FLAT OWNERS ASSOCIATION, REGN.NO.291 OF 2023, D.NO.12-2-112, TF-2, DAR TOWERS, BRP ROAD, VIJAYAWADA - 520001, NTR DISTRICT, ANDHRA PRADESH, REP. BY ITS SECRETARY SUNIL RAMNANI, S/O R. DILIP, AGED ABOUT 43 YEARS. ...PETITIONER AND 1. THE STATE OF AP, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, N.T.R. DISTRICT, REP. BY ITS COMMISSIONER. 3. DADI APPA RAO, S/O APPALA NAIDU, AGED 58 YEARS, OCCU BUSINESS, LAND OWNER OF D.NO.12-2-112, D.A.R. TOWERS, TF- 2, BRP ROAD, VIJAYAWADA - 520001, NTR DISTRICT, ANDHRA PRADESH. 4. M/S D A R CONSTRUCTIONS, (BUILDER / DEVELOPER), REP. BY ITS MANAGING PARTNER, GOLLA NARAYAN RAO S/O GOLLA RAMAKRISHNA MURTHY, AGED ABOUT 63 YEARS, C/O DADI APPA RAO, D.NO.12-2-112, D.A.R. TOWERS, TF-2, BRP ROAD, 2 HN, J W.P.No.28485_2023 VIJAYAWADA - 520001, NTR DISTRICT, ANDHRA PRADESH. ...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 or Order or Direction more particularly one in the nature of a Writ of MANDAMUS, declaring the action of the 2nd Respondent herein in not initiating any steps for removing the unauthorised and illegal construction made by the 3rd Respondent herein on the Stilt / Ground Floor which is meant for parking, constructed basing upon the Building Permit granted by the 2nd Respondent herein in R.F.No.54/08, G-3 - B.A.No.02686/2007, dated 06.12.2008, obtained by the 3rd Respondent herein for constructions of Ground Floor for parking plus 3 Upper Floors RCC building bearing Door No.12-2-112, One Town, Railway Station Road, presently known as D.A.R. Towers, BRP Road, Vijayawada -520001, NTR District, Andhra Pradesh, basing upon the written complaint made by the Writ Petitioner vide Complaint Registration No.2023-TCP-112062, dated 11.07.2023 and another complaint dated 25.07.2023 send through registered post acknowledgement due, as illegal, arbitrary and contrary to the provisions of Sections 428, 433, 435 and 452 of Hyderabad Municipal Corporation Act, 1955, which is made applicable to the 2nd Respondent herein and Rule 11 of Revised Building Rules, 2007 contained in GOMs.No.678, M.A. and U.D. (M) Department, dated 07.09.2007 and Consequently direct the 2nd Respondent herein to forthwith demolish / remove the unauthorised and illegal construction made by the 3rd Respondent herein on the Stilt / Ground Floor which is meant for parking of the Flat Owners of the Writ Petitioner Association and pass IA NO: 1 OF 2023 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 2nd Respondent herein to demolish / remove the unauthorised and illegal construction made by the 3rd Respondent herein on the Stilt / Ground Floor which is meant for parking of the Flat Owners of the Writ Petitioner Association, made under the cover of the building permission R.F.No.54/08, G-3 - B.A.No.02686/2007, dated 06.12.2008, obtained by the 3rd Respondent herein in respect of premises bearing Door No.12-2- 112, One Town, Railway Station Road, presently known as D.A.R. Towers, BRP Road, Vijayawada - 520001, NTR District, Andhra Pradesh, basing upon the written complaint made by the Writ Petitioner vide Complaint Registration 3 HN, J W.P.No.28485_2023 No.2023-TCP-112062, dated 11.07.2023 and another complaint dated 25.07.2023 send through registered post acknowledgement due, pending disposal of the above Writ Petition 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 pleased to receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. VINAY KUMAR TAMBI YEMMILA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GANGISETTI UMA SANKAR 3. S.V.S.S.SIVARAM SC For VMC 4 HN, J W.P.No.28485_2023 ORDER: 1. The petitioner has filed the present Writ Petition aggrieved by the inaction on the part of the 2nd respondent in taking necessary action against the illegal construction raised on the stilt and ground floor, which are meant for parking. 2. It is submitted that the petitioner had submitted a representation to the concerned authorities, which is yet to be considered. 3. The learned Standing counsel appearing for the 2nd respondent has filed a detailed counter. It is submitted that the 2nd respondent authority deputed a competent officer to inspect the subject site. It is further submitted that, in response to the notice issued, the petitioner stated that an application for regularization under the BPS Scheme had been filed. It is also submitted that the unauthorized construction on the ground floor, which is meant for parking, has now been converted for commercial purpose. Such construction, it is submitted, is impermissible, and even under the BPS Scheme, the same cannot be considered for regularization. It is further submitted that a confirmation order dated 03.05.2025 has already been passed, but further action pursuant thereto has been stalled due to the pendency of the Writ Petition. 4. Considering the submissions, the present Writ Petition is disposed off, leaving it open to the respondent authorities to take appropriate action, in 5 HN, J W.P.No.28485_2023 accordance with law, for removal of the unauthorized shops constructing in the area earmarked for parking. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:19.11.2025 NKA 6 HN, J W.P.No.28485_2023 24 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28485 of 2023 Date: 19.11.2025 NKA