Extracted from the PDF above. The PDF is authoritative.
APHC010562882025
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: 29044/2025 Between: Garla Sankar Babu and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. KALE VIJAYA RAJU Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.29044 of 2025 ORDER:
The petitioner is aggrieved by the action of the 2nd respondent in directing the petitioner to remove the construction undertaken by the petitioner vide notice dated 14.10.2025 and calling upon the petitioners to remove the building within seven days. 2. It is submitted that the petitioner did not receive any provisional notice or confirmation notice. The WP.No.12512 of 2024 was filed by some third party by arraying the petitioners as respondents 3 and 4 therein. The learned single Judge of this Court vide order dated 24.06.2025 disposed off the writ petition directing the respondents to take action in accordance with law against the unauthorized constructions/deviations, if any, made by the respondents 3 and 4 in the subject property after affording an opportunity of hearing to the parties concerned and to pass a reasoned order within a period of three months from the date of receipt of the order. 3. In pursuance of the said orders, the petitioner was served notice on 08.07.2024, which was adequately replied. The impugned proceedings dated 14.10.2025 would neither refer to the show cause notice, provisional notice or conformational order nor
would refer to the reply submitted by the petitioner to the notice dated 08.07.2024. It is submitted that the petitioner could not appear in person for the personal hearing as the petitioner was not served with the provisional notice or conformational order. 4. The learned standing counsel appearing for the 2nd respondent on instructions submits that the third party who filed CC.No.401 of 2025 alleging the inaction on part of the officers in taking action against the petitioner construction. 5. As seen from the pleadings and other material available on record, the respondent have not served any provisional notice or the conformational order on the petitioner. No hearing was conducted as directed by this Court in W.No.12512 of 2024.
Evidently, the provisional notice or conformational order was not served on the petitioners. 6. In order to comply the orders of the WP.No.12512 of 2024, the respondents would have to ideally afford an opportunity of hearing which could be done only after serving provisional notice or conformational order. 7. Considering the submissions, the impugned proceedings shall be set aside, leaving it open for the respondents to issue a fresh notice to the petitioners and the petitioners to submit reply. The
2nd respondent shall also afford an opportunity of hearing to the petitioners before passing orders. 8. Accordingly, the writ petition is disposed off without costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N
KGM
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION No.29044 of 2025 Dated 17.10.2025
KGM