APHC010550792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28751/2025 Between: 1. PUDI MAHALAKSHMI, W/O. PUDI ANAND, AGED ABOUT 38 YEARS, FEMALE, R/O.D.NO.31-30-187, KASIPALEM, VADLAPUDI RH COLONY, GAJUWAKA MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ZONAL COMMISSIONER, ZONE-VI, GAJUWAKA, GVMC VISHAKHAPATNAM. ...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 toPlease to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, action of the respondent Nos.2 and 3 and their subordinates in interfering with the petitioner property and construction activity in an extent of 107 sq.yards in Plot No.767 in RS.No.13/Part of Vadlapudi, R.No.680, Lakshmipuram Area, RH Colony, Sector-1, Gajuwaka Mandal, in spite of having building permission vide permit No. 2 1086/1270/B/Z6A/DI/2025, dated 21.05.2025 9 without following due process of law as illegal, irregular, arbitrary, violation of the provisions of the Municipal Corporation Act, 1955 and Rules there under and also offends Articles 14, 21 and 300 A of Constitution of India and consequently direct the respondents not to interfere into the building construction activity in an extent of 107 sq.yards in Plot No.767 in RS.No.13/Part of Vadlapudi, R.No.680, Lakshmipuram Area, RH Colony, Sector-1, Gajuwaka Mandal and pass such other order or orders as 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 Respondent Nos.2 and 3 and their subordinates not to interfere with my property and construction activity in an extent of 107 sq.yards in Plot No.767 in RS.No.13/Part of Vadlapudi, R.No.680, Lakshmipuram Area. RH Colony. Sector-1, Gajuwaka Mandal without following due process of law pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 ORDER:- The petitioner is aggrieved by the action of respondent Nos.2 and 3 in trying to disturb the construction activity of the petitioner, which is being constructed in accordance with the building permit order dated 21.05.2025. It is submitted that respondent Nos.2 and 3, at the behest of third parties, are repeatedly causing hindrance for construction, even though the petitioner holds valid right and title over the property, for which the building permission has been granted. 2. The learned Standing Counsel appearing for the 2nd respondent, on oral instructions, submits that the petitioner owns two properties adjoining each other and he had apply for building permission for the two plots separately, but is constructing a single building. It is further submitted that the petitioner informed the officers of the 2nd respondent that the petitioner intends to seek cancelation of permission for one plot and continue the construction on the other plot and that the petitioner is intends to apply for a revised permission. 3. Considering the submissions, the writ petition is disposed off with liberty to the petitioner to submit a revised plan and the petitioner submitting a revised plan, the respondent authorities shall consider the same and issue appropriate permit order in accordance with law. Pending the said consideration, there shall be a direction to respondents not to interfere with the construction activity. 4 4. Accordingly, the Writ Petition is disposed off. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 17.10.2025 SR