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2025 DAILYLAW 47363 (AP)

MARUVADA DEMUDU v. THE STATE OF AP

WP/25881/2025 · 2025-09-21

Harinath N

body2025

Judgment text

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1 APHC010502442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25881/2025 Between: 1. MARUVADA DEMUDU, S/O APPANNA, R/O. D.NO. 14-4-114, OPP RYTHU BAZAR, PEDABODDEPALLI, NARSIPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. NARSIPATNAM MUNICIPALITY, NARSIPATNAMMUNICIPLITY REP BY ITS COMMISSIONER,, NARSIPATNAM, ANDHRA PRADESH. 3. THE TOWN PLANNING OFFICER, NARSIPATNAMMUNICIPLITY, NARSIPATNAM, 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 of Mandamus declaring the action of the respondents 2 and 3 in not approving online application vide B A No. 1136/0129/B/NAR/ION/20 24 Dated 28.12.2024 and in not considering the representation dated 25.08.2025 for the construction of the first floor as illegal, arbitrary. unjust, violation of Articles 14 and 21 of the Constitution of India, and contrary to Sections 212, 213, and 214 of the A.P. Municipalities Act, 1965 and Consequently direct the respondents to forthwith consider and 2 approve the petitioners first-floor plan online application Dated 28.12.2025, within a time frame as may be fixed by this Hon'ble Court 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 direct the Respondents 2 and 3 consider and dispose of the petitioner’s online application 28.12.2024 and representaitions dated 25.08.2025 for approval of the first-floor building plan, strictly in accordance with law, within a time frame as may be fixed by this Hon’ble Court and pass Counsel for the Petitioner: 1. PRASANNALA KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25881 of 2025 ORDER: 1. The petitioner is aggrieved by the inaction on the part of respondent Nos.2 and 3 in granting building permission for the construction of the 1st floor. It is submitted that the petitioner submitted an online application on 28.12.2024; however, the 2nd respondent has so far not granted permission. 2. The learned Standing counsel appearing for the 2nd respondent, on written instructions, submits that the petitioner must submit an online application along with the required documents. It is submitted that the petitioner constructed the ground floor after obtaining permission from the then Gram Panchayat. It is further submitted that the petitioner has to submit the application online along with the location plan, site plan, building plan, copy of the ownership document, and other documents including the property tax receipt, etc., 3. The learned Standing counsel appearing for the 2nd respondent further submits that the petitioner made some allegations against the 3rd respondent, and it is clarified that with the advent of the online system applications for granting building permission, there is no intervention of officers for granting permission. 4 4. Be that as it may, liberty is granted to the petitioner to submit an application through online along with the relevant documents. 5. Accordingly, the present writ petition is disposed off, leaving it open for the petitioner to submit the requisite documents along with the application, and upon the receipt of the same, the 2nd respondent shall verify and release the building approval subject to the petitioners application meeting all other requirements. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.09.2025 NKA 5 38 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25881 of 2025 Date: 22.09.2025 NKA