1 APHC010363142019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17282/2019 Between: 1. Y.KOTESWARA RAO,, S/O. CHINNAIAH, AGED ABOUT 62 YEARS, OCC- RETD.LECTURER, R/O. D.NO.17-564, RAJAKA STREET, NELLORE, SPSR NELLORE DISTRICT. 2. Y.KRISHNAVENI,, W/O. Y.KOTESWARA RAO, AGED ABOUT 55 YEARS, OCC- HOUSEWIFE, R/O. D.NO.17-564, RAJAKA STREET, NELLORE, SPSR NELLORE DISTRICT. 3. Y.S.PRAMADA,, D/O. Y.KOTESWARA RAO, AGED ABOUT 32 YEARS, OCC- HOUSEWIFE, R/O. D.NO.17-564, RAJAKA STREET, NELLORE, SPSR NELLORE DISTRICT. 4. Y.SINDHUJA,, D/O.Y.KOTESWARA RAO, AGED ABOUT 30 YEARS, OCC- HOUSEWIFE, R/O. D.NO.17-564, RAJAKA STREET, NELLORE, SPSR NELLORE DISTRICT. 5. Y.SIVA SANKETH,, S/O. Y.KOTESWARA RAO, AGED ABOUT 26 YEARS, OCC- EMPLOYEE, R/O. D.NO.17-564, RAJAKA STREET, NELLORE, SPSR NELLORE DISTRICT. (PETITIONERS 3 TO 5 ARE REP.BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI Y.KOTESWARA RAO) ...PETITIONER(S) AND 1. MUNICIPAL CORPORATION OF NELLORE, NELLORE, SPSR NELLORE DISTRICT. 2 2. THE DEPUTY CITY PLANNER, MUNICIPAL CORPORATION OF NELLORE, NELLORE, SPSR NELLORE DISTRICT. 3. THE COMPETENT AUTHORITY, UNDER A.P.REGULATION AND PENALIZATION OF BUILDINGS CONSTRUCTED UNAUTHORIZEDLY AND IN DEVIATION TO THE SANCTIONED PLAN RULES, 2019, NELLORE, SPSR NELLORE 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 writ of mandamus or any other appropriate writ or direction declaring the action of the respondents No.1 and 2 in threatening to demolish the existing structure in S.No.1714, D.No.404, 576, 572, 480, Old Post Office Road, Near BSNL Office, Nellore eventhough an application filed under building penalization scheme on 19.3.2019 as illegal, arbitrary and one without jurisdiction IA NO: 1 OF 2019 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 respondents 1 and 2 not to demolish the existing structure at S.No.1714, D.No.404, 576, 572, 480, Old Post Office Road, Near BSNL Office, Nellore, pending disposal of the writ petition Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17282 of 2019 ORDER: 1. There is no representation on behalf of the petitioners, when the matter is taken up for hearing. 2. The learned Standing counsel appearing for the respondents submits that the writ petition was filed by the petitioner apprehending the demolition of the construction allegedly put up by the petitioner without due approval. 3. It is further submitted that subsequent to the filing of the writ petition, the petitioner has submitted an application seeking regularization of the subject construction under the provisions of the Building Penalization Scheme (for short, “BPS”). The respondents, upon due consideration of the said application and after following the requisite procedure under the scheme, have approved the petitioner’s application. 4. In view of the above submission made by the learned Standing counsel for the respondents, nothing survives for further adjudication in the present writ petition. 5. Recording the same, the writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:25.09.2025 NKA 4 305 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17282 of 2019 Date: 25.09.2025 NKA