APHC010497812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26141 OF 2025 Between: Sri Gadamsetty Subrahmanyam, S/o G. Venkateswarlu, Aged about 54 years, Bhavanipuram, Vijayawada , NTR District,( Previously known as Krishna District) Andhra Pradesh. R/o. Plot.no. 25 and 26, Block No. A2 at RS.No.10 ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Director of Town and Country Planning MA and UD Department, Tadepalti Mangalagiri, Guntur District.Andhra Pradesh. 3. The Vijayawada Municipal Corporation, Rep by its Commissioner Vijayawada Municipal Corporation, Vijayawada, Krishna Dt, A.P > 4. The City Pianner, Vijayawada Municipal Corporation, Vijayawada, Krishna District, AP. 5. The Assistant City Planner, Bhavanipuram Division. Vijayawada Municipal Corporation, Vijayawada, Krishna District, AP ...Respondents -.V . 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 any appropriate writ, order or direction more particularly in the nature of a Writ of Mandamus declaring the action of the respondents here in issued impugned proceedings R..C.Notice No. 01/2025/BO-11, dated. 11.09.2025 with out consider the petitioners objections dated 15.09.2025 , not permitting the demolition of the petitioner Lease subject land in s.y.no 10, Block .no.A2, Plot no 25,26 in Bhavani puram division in , Vijayawada Rural, Krishna district, Andhra Pradesh which belongs to the Dargah Hazarat Galib Shaheed , duly notified in A.P.Gazette which is a part of the land under the lease with out following due process of law as illegal and arbitrary and violate of principles of natural Justice and clear violations of Article 19,21,300- A of the constitution of India and without following the procedure established under the MA and UD Act, 1955 and consequently direct the respondents to set-a side the present impugned proceedings R.C.Notice No. 01/2025/ BO- 11, dated. 11.09.2025 and provide the reasonable opportunity to the petitioner subject schedule property follow the procedure established under the law MA and UD,1955 Rules and regulations supra in in s.y.no 10, Block .no.A2, Plot no 25,26 in Bhavani puram division in, Vijayawada, Krishna district, Andhra Pradesh. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents stay all further proceedings in pursuant the impugned proceedings in R..C. Notice No. 01/2025/ BO-11, dated. 11.09.2025, issued to petitioner herein in subject land in s.y.no 10, Block .no.A2, Plot no 25,26 in Bhavani puram division in Vijayawada Krishna district, Andhra Pradesh in pending writ petition. Counsel for the Petitioner: SRI MANIKANTESWARA RAO KOTHA Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 5 : SRI S.V.S.S.SIVARAM, SC FOR VMC The Court made the following order: 0 9^- APHC010497812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] Sk-::, THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26141/2025 Between; 1,SRI, GADAMSETTY. SUBRAHMANYAM, S/0 G. VENKATESWARLU, R/O, PLOT.NO. 25 AND 26, BLOCK NO. AGED ABOUT 54 YEARS A2 AT RS.NO.10 BHAVANIPURAM .VIJAYAWADA , NTR DISTRICT,( PREVIOUSLY KNOWN AS KRISHNA DISTRICT) ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MUNICIPAL ADMINISTARTION AND DEPARTMENT, SECRETARIAT, VELAGAPUDI URBUN SECRETARY, DEVELOPMENT AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DIRECTOR OF TOWN AND COUNTRY PLANNING MA AND UD GUNTUR MANGALAGIRI TADEPALLI DEPARTMENT, DISTRICT.ANDHRA PRADESH. 3.THE VIJAYAWADA MUNICIPAL CORPORATION, REP BY ITS VIJAYAWADA MUNICIPAL CORPORATION, COMMISSIONER VIJAYAWADA,KRISHNA DT, A.P 4.THE CITY PLANNER, VIJAYAWADA MUNICIPAL CORPORATION VIJAYAWADA, KRISHNA DISTRICT, AP. 5.THE ASSISTANT CITY PLANNER, BHAVANIPURAM DIVISION. VIJAYAWADA MUNICIPAL CORPORATION KRISHNA DISTRICT, AP VIJAYAWADA 2 ...RESPONDENT(S); Counsel for the Petitioner: 1.MAN1KANTESWARA RAO KOTHA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.S.V.S.S.SIVARAM SC For VMC The Court made the following: 3 ORDER:- The petitioner is aggrieved by the impugned notice dated 11.09.2025 whereby the 3'^^ respondent issued a notice calling upon the petitioner to submit his explanation as to why action should not be taken up departmentally and to recover the incidental costs from the petitioner for having undertaken demolition work without taking any precautionary measures 2. The learned Standing Counsel for the respondent Nos.3 to 5 submits that the petitioner submitted a reply on 15.09.2025 whereby it is stated that the demolition work is being taken up with necessary care and under the supervision of qualified engineers 3. Following the Full Bench order of this Court in W.P.No.10019 of 1993 the petitioner and the respondent Nos.3 to 5 are directed to comply with the guidelines laid down for undertaking any demolition and also comply with the provisions of Section 437 of the Municipal Corporation Act. With these observations, this writ petition is disposed off by setting 4. aside the impugned notice dated 11.09.2025. There shall be no order as to costs. 5. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTIO^FFICER To, 1. The Principal Secretary, Development Department, State of Andhra Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Director of Town and Country Planning MA and UD Department, Tadepalli Mangalagiri, Guntur District, Andhra Pradesh. Municipal Administration and Urbun Pradesh, Secretariat, % 3. The Commissioner Vijayawada Municipal Corporation, Vijayawada Municipal Corporation, Vijayawada, Krishna Dt, A.P 4. The City Planner, Vijayawada Municipal Corporation, Vijayawada, Krishna District, AP. 5. The Assistant City Planner, Bhavanipuram Division. Vijayawada Municipal Corporation, Vijayawada, Krishna District, AP. 6. One CC to Sri Manikanteswara Rao Kotha, Advocate [OPUC] 7. Two CCs to GP for Municipal Admn Urban Development, High Court of Andhra Pradesh [OUT 8. OneCCto Sri S.V.S.S.Sivaram, SC for VMC [OPUC] 9. Two CD Copies Cnr ( HIGH COURT DATED:25/09/2025 ORDER WP NO. 26141 OF 2025 OCT 2025 «■ rrentSectiojv^^y DISPOSING OF THE W.P. WITHOUT COSTS