APHC010523682025 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: 26941/2025 Between: 1. KANAKARAJU PALLELA, , AGED 57 YEARS S/O. APPALANAIDU, H.NO.21-26/1/1, NEAR INS DEGA, VIMAN NAGAR, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VISAKHAPATNAM. 3. THE ZONAL COMMISSIONER, GVMC ZONE-VIII, VISAKHAPATNAM DISTRICT. 4. ASSISTANT CITY PLANNER, ZONE-VIII, GVMC, VISAKHAPATNAM. ...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 an appropriate order, direction or writ more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in issuing the impugned endorsement vide proceedings Rc.No.1/2025/ACPA/lll dated 20.09.2025 rejecting the petitioner's reply and threatening demolition of the Petitioner's building, as illegal, arbitrary, capricious, unjust, cryptic, violation of principles of natural justice, 2 HN, J W.P.No.26941_2025 unconstitutional and in violation of Articles 14, 21 and 300-A of the Constitution of India, contrary to the HMC Act, 1955, and in disregard of the orders of this Honble Court in WP.No.24629 of 2025 and Consequently, set aside the impugned endorsement dated 20.09.2025 issued by the 4th Respondent and direct the Respondents to consider the petitioners representation afresh in strict compliance with the order dated 11.09.2025 in WP.No.24629 of 2025 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 suspend the impugned endorsement issued by the 4th Respondent vide proceedings Rc. No. 1/2025/AC PA/I 11 dated 20.09.2025 and pass IA NO: 2 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 respondents not to take any coercive steps including demolition of the petitioner’s building situated at Sy.No. 18/P, bearing D.No.7- 16, Santosh Nagar, Cheemalapalli Village, Zone-Vlll, Visakhapatnam, in terms of the building permission vide Permit No. 1086/3186/B/Z8/ PPM/2024 dated 24-08-2024, and pass Counsel for the Petitioner: 1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.26941_2025 ORDER:- 1. The petitioner is aggrieved by the impugned proceedings dated 20.09.2025, whereby the explanation submitted by the petitioner on 01.09.2025 was stated to have been considered and rejected. It is submitted that this Court, in W.P.No.24629 of 2025, directed the petitioner to submit a fresh representation along with the necessary documents for consideration by the 2nd respondent therein. The learned counsel for the petitioner submits that though the order was passed on 11.09.2025, the petitioner could not submit a fresh representation within that short period. In the meantime, the impugned proceedings dated 20.09.2025 came to be issued. 2. The learned Standing counsel appearing for the respondents submits that the petitioner’s property was identified based on information provided by third parties, and accordingly, the 2nd respondent initiated necessary action by issuing notices. Be that as it may, considering the order passed by this Court on 11.09.2025 granting liberty to the petitioner to submit a fresh representation, and also considering that the petitioner could not submit the same after 11.09.2025, and further that the impugned proceedings dated 20.09.2025 are based on the earlier explanation dated 01.09.2025, the impugned proceedings dated 20.09.2025 are hereby set aside. 4 HN, J W.P.No.26941_2025 3. The present writ petition is disposed off by granting a liberty to the petitioner to submit a fresh representation along with relevant documents within a period of two weeks from the date of the receipt of this order. Upon receipt of such representation, the 2nd respondent is directed to consider the same and pass necessary orders, in accordance with law, with respect to the disputed three floors. The petitioner shall not make any further representation beyond what has now been permitted. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N 25.09.2025 NKA 5 HN, J W.P.No.26941_2025 257 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26941 of 2025 Date: 25.09.2025 NKA