IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI,.. (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWOTHOUSAND AND TWENTY FIVE PRESENT HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2494 OF 2025 Between: Maddineni Hanumantha Rao, S/o Malakondaiah, aged about 55 years, R/o Flat no 4c, S.S.C Residence, Vinayaka Rao Street, North Janathapet, Kavali, Nellore, Andhra Pradesh-524201. ...petitionefT AND 1. The State of Andhra Pradesh, represented by its Principle Secretary, Municipal Administration, Secretariat Buildings, Amaravathi, Andhra Pradesh. 2. The Kavali Municipality, rep. by its Commissioner, Kavali, Nellore District, Andhra Pradesh. 3. The Town Planning Officer, Planning Department, Nellore Urban Development Authority, Nellore, Andhra Pradesh. 4. The Surveyor, Ward Sachivalayam, Ward No 31, Vinayakaroa Street, Kavali, Nellore District, Andhra Pradesh. ...RESPONDENTS — Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ or Order or Direction more particularly in the Nature of Writ of Mandamus by declaring the action of the 2nd respondent in issuing the Provisional Order dated 20.01.2025 under section 217(1)(2) of the Andhra Pradesh Municipalities Act, 1965 as deviations to sanctioned plan and against to the building rules and to remove the deviations within 7 days of petitioner property building Door No 9-25-79- A/2, in Vinayakaroa Street, Kavali, SPSR Nellore District, is arbitrary, illegal, ' unjust, discriminative and violation of Article 21 and 300A of the Constitution *% l^^dia and are against to the Principles of Natural Justice and against to 'V Municipalities Act, 1965 and consequently to suspend the ^'provisional order dated 20.01.2025 passed by the 2nd Respondent and ■ * i consequently to issue notice and by using scientific approach to measure the deviations if any and to consider the explanation/Reply given by the petitioner. V lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass urgent orders by suspending the Provisional Orders dated 20.01.2025 issued by the 2nd respondent under section 217(1)(2) of the Andhra Pradesh Municipalities Act, 1965 by without any verification and inspection of the building before declaring there are deviations in building construction with Door No: 9-25-79-A/2 Vinayakarao Street, Kavali, SPSR Nellore District. ^ in Counsel for the Petitioner: SRI SRINIVASULU P Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 & 3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) X Counsel for the Respondent No.4: -— The Court made the following: ORDER 1 4 APHC010039122025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2494/2025 Between: ...PETITIONER Maddineni Hanumantha Rao AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SRINIVASULU P Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEV AP The Court made the following: 2 4 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ or Order or Direction more particuiarly in the Nature of Writ of Mandamus by declaring the action of the 2""' respondent in issuing the Provisional Order dated 20.01.2025 under Section 217(1)(2) of the Andhra Pradesh Municipalities deviations to sanctioned plan and against to the building remove the deviations within 7 days of petitioner Act, 1965 as rules and to property building Door N0.9-25-79-A/2, in Vinayakaroa Street, Kavali, SPSR Nellore District, is arbitrary, illegal, unjust, discriminative and violation of and are against to the and against to Rules of AP Municipalities Act, 1965 and consequently to suspend the order dated 20.01.2025 passed by the 2^^ Respondent and consequently to issue notice and by using scientific measure the deviations if any and to consider the given by the petitioner " Article 21 and 300A of the Constitution of India Principles of Natural Justice provisional approach to explanation/Reply 2. The petitioner purchased the land bearing layout No.57/99, Plot No.24, from one G.Madhavamma under 2022, With an intention to develop the petitioner to an extent of 375 square yards Kavalai Municipality area, Kavali Town registered sale deed document No.9979 of property to raise apartment building, building the obtained NO.1030/0521/B/KVLA/NYKRST/2022, required fees under Receipt No.25/14188 dated Stilt/Ground/Three floors. On started construction of the building in the year 2023 plan vide Permit dated 02.02.2023 on payment of 18.12.2024 for construction of receipt of approved building plan, the petitioner as per the norms of the 3 approved building plan. During process of construction work, the respondent authorities used to visit the premises and never raised any objections. While the things stood thus, the 2^'^ respondent issued the impugned 3. Provisions Order dated 20.01.2025 under Section 217(1)(2) of A.P. Municipalities Act, 1965, alleging that the petitioner constructed the building with Stilt+Ground+Four floors, contrary to the approved building plan of the 2 nd respondent. 4. It is stated that the petitioner submitted his explanation on 23.01.2025 to the said Provisional Order but the respondent authorities without considering the said explanation threatened the petitioner to remove the illegal constructions alleged to have made contrary to the approved building plan. Hence, the writ petition. 5. Heard the learned counsel for the petitioner and learned Government Pleader for Municipal Development and Urban Development and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.2. 6. During hearing, learned Standing Counsel for respondent No.2 produced a copy of instructions of the Commissioner/Kavali Municipality, dated 01.02.2025, wherein it is stated that the petitioner has obtained residential plan approval for Stilt+Ground+3 upper floors from NUDA, Nellore SPSRT Nellore vide permit No.1030/521/B/KVL/VNYKRST/2022, dated 02.02.2023 in D.No.9-25-79A/2, Vinayakarao Street, Kavali, Revenue Ward No.9, Kavali Town. It is further stated that in the said plan, the builder mortgaged an area of 69.02 Square meters to NUDA, Nellore. Initially the 4 Municipal authorities have physically inspected the above said construction and found that it was in compliance with the approved building plan. However, later, the petitioner constructed Stilt+Ground+5 upper floors in the above said premises in deviation to sanctioned building approved plan. After observing the said deviations, the Kavali Municipality issued Provisional Order Notice N0.OI/2025/GI, dated 20.01.2025. As the petitioner has failed to submit explanation to the said Provisional Notice, the Municipality issued a Confirmation Notice No.01/2025/G1, dated 29.01.2025. It is stated that, till date the petitioner has not submitted any explanation, and further action will be taken in due course as per rules in force. Though the petitioner claims to have submitted an explanation on 23.01.2025 in pursuance of the Provisional Order Notice dated 20.01.2025, the same is not endorsed by the respondent authorities, which proves that the petitioner has not submitted the said explanation as stated by him in his affidavit. any I 7. 8. As the respondents are intending to take appropriate action as against the petitioner for the deviations made by him to the building sanctioned plan, instead of going into the merits of the case, this Court feels it appropriate to give an opportunity to the petitioner to submit an explanation to the Confirmation Order Notice dated 29.01.2025, within a period of one week from today, enclosing all necessary documents in support of his claim. On receipt of the same, the 2'^'^ respondent is directed to proceed with the necessary enquiry, by giving an opportunity of hearing to the petitioner herein, and upon 5 verification of the records on the subject building sanctioned plan, take appropriate decision within a period of four (4) weeks thereafter. Pending the above said enquiry, no coercive steps shall be taken. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. an Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER AmaraS,®AndhS Administration, Secretariat Buildings ^ Prades°h”"’'®®'°"®''' Municipality, Kavali, Nellore District, Andhra Development AuBy,NS;, AnXa®Pra°desh''"'®'''' S«To°reSt®S Prades"""'' Street, 5. One CC to Sri Srinivasulu Advocate [ORJcj Vallabhaneni ^ for iv Andhra Pradesh. [OUT] 8. Three CD Copies P Advocate [OPUC] SC for Municipalities, and Urban Dev, High Court Muncipal Admn of TF \ HIGH COURT ^ DATED:03/02/2025 ORDER % 17 FEB 2025 . Current Secuon ^ WP.No.2494 of 2025 % DISPOSING OF THE W.P., WITHOUT COSTS