1 APHC010528032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27109/2025 Between: 1. BANDARU GIREESH KUMAR, S/O. B.P. DASTHAGIRI, AGED 34 YEARS, R/O. 6-4-77/U/36, ROAD N0.6, KOTHA MASZIDH STREET, ALLAGADDA TOWN AND MANDAL, NANDYAL DISTRICT (ERSWHILE KURNOOL DISTRICT). ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE ALLAGADDA MUNICIPALITY, THE ALLAGADDA MUNICIPALITY, REP. BY ITS COMMISSIONER ALLAGADDA NANDYAL DISTRICT. 3. GAJULA KALAVATAMMA, W/O. VENKATA SUBBAIAH, AGED 67 YEARS, R/O. H.NO.2-5-32, SATRAM STREET, ALLAGADDA VILLAGE AND MANDAL, NANDYAL DISTRICT (ERSWHILE KURNOOL 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the confirmation orders vide Notice No.39/1162/ALG/UC/2025 dt.23.09.2025 issued by the 2nd respondent 2 without considering the explanation offered by the petitioner dt. 12.09.2025 (acknowledged on 15.09.2025) without factual verifying whether the alleged deviation is any contrary to the building permit order and without conducting any physical verification, without following the procedure contemplated under law and also endorsement and work stop order letter No.EDS/1162/2025/0012 and SWO/1162/2025/0010 dt.05.07.2025 (communicated on 23.09.2025 at 4.10 p.m) is illegal, arbitrary and set aside the same consequently, to direct the respondent no.2 not to interfere into the construction activity in the petitioners building vide D.No.2-5-30, (according to new ward H.No.13-5-30) old 2nd ward, new 13rd ward, 5th block, Sathram Street (C.P Thimmareddy Street), Allagadda Town, Nandyal District 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the confirmation orders vide Notice No.39/1162/ALG/UC/2025 dt.23.09.2025 issued by the 2nd respondent without considering the explanation offered by the petitioner dt. 12.09.2025 (acknowledged on 15.09.2025) without factual verifying whether the alleged deviation is any contrary to the building permit order and without conducting any physical verification, without following the procedure contemplated under law and also endorsement and work stop order letter No.EDS/1162/2025/0012 and SWO/1162/2025/0010 dt.05.07.2025 (communicated on 23.09.2025 at 4.10 p.m) is illegal, arbitrary and set aside the same consequently, to direct the respondent no.2 not to interfere into the construction activity in the petitioners building vide D.No.2-5-30, (according to new ward H.No.13-5-30) old 2nd ward, new 13th ward, 5th block, Sathram Street (C.P Thimmareddy Street), Allagadda Town, Nandyal District and pass Counsel for the Petitioner: 1. N ASWARTHA NARAYANA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER: Heard Sri N. Aswartha Narayana, learned counsel for the petitioner, and the learned Government Pleader for Municipality, Administration and Urban Development, appearing for the respondents. 2. Challenging the action of the 2nd respondent in declaring the confirmation orders vide Notice No.39/1162/ALG/UC/2025 dated 23.09.2025, without considering the explanation of the petitioner dated 12.09.2025, acknowledged by the respondent on 15.09.2025, the instant Writ Petition has been filed. 3. It is contended that the petitioner had purchased a plot of land admeasuring 124.66 square yards in Sy.No.146/1 from one Smt. Yaddula Saraswathi, on 28.05.2024 for a consideration of Rs.4,37,000/-. Subsequently, on 19.06.2025, the petitioner applied to the 2nd respondent for sanction of building permission to construct a residential building. The 2nd respondent accordingly granted permission vide Permit No.1162/0037/B/ANP/CET/2025, dated 19.06.2025. The petitioner commenced construction activities as per the said permission. However, while the construction was going on, the 2nd respondent issued impugned proceedings under the provisions of Section 228 (3) of the A.P. Municipalities Act, 1965 alleging unauthorized construction and instructing the petitioner to bring down the construction to its frame as per the sanctioned plan within 4 7 days from the date of receipt of the notice, failing which appropriate action would be initiated. 4. It is contended that the impugned proceedings were preceded by provisional order/notice bearing No.39/1162/ALG/UC/2025 dated 10.09.2025, to which the petitioner submitted his explanation, through Registered Post with Acknowledgment Due (RPAD). However, without considering the said explanation, the 2nd respondent issued the impugned confirmation orders. 5. A perusal of the impugned proceedings would reflect that the explanation said to have been submitted by the petitioner to the provisional notice has not been referred to. However as seen from the record, it appears that the petitioner has submitted his explanation and the same was received by the respondents. 6. In view of the above, this Court deems it appropriate to dispose of the Writ Petition directing the respondents to pass appropriate orders pursuant to the provisional order/notice vide dated No.39/1162/ALG/UC/2025 dated 10.09.2025, after duly considering the explanation of the petitioner dated 12.09.2025, as expeditiously as possible not later than four (4) weeks from the date of receipt of a copy of this order. In the meantime, the petitioner is directed not to make any deviations in the construction of the subject building beyond the permitted limits. Consequently, the endorsement and stop work orders dated 05.07.2025, issued by the 2nd respondent, are set aside. 5 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:26.09.2025 MVK 6 595 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27109/2025 Date:26.09.2025 MVK