IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH / TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2159 OF 2025 Between: Dr. Madhavi Latha, W/o. Dr. Venkata Ramana, Aged about 73 years, Occ. Doctor. R/o. H.No.45-25-3, Ashok Nagar, Kurnool - 518005. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Kurnool Urban Development Authority, rep. By its Vice Chairman Near Montessori School, A-CAMP, Kurnool Town, Kurnool, Kurnool District. 3. The Kurnool Municipal Corporation, rep. by its Commissioner, Kurnool Kurnool District. 4. The District Collector, Kurnool District, Kurnool. 5. The Revenue Divisional Officer, Kurnool, Kurnool District 6. The Tahsildar (Urban), Kurnool town. 7. Chief Executive Officer, A.P. State Waqf Board, Vijayawada. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring the action of the 2 respondent in not implementing the proceedings issued by the 3 respondent vide Roc.No. G1/572150/2024 dated 02.11.2024 instructed the 2"^^ respondent authorities to withdraw their short fall objections if pending before them and permit the petitioner to make further construction may more rd any as per approved plan within the prescribed time as is being illegal, arbitrary, unjust and unconstitutional and violation of articles 14, 21 and 300A of Constitution of India and consequently direct the 2 nd respondent to implement the proceedings issued by the 3'^^ respondent vide Roc.No. G1/572150/2024 dated 02.11.2024 and permit the petitioner to make further construction of the building as per building approval plan and to grant. lA 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 to direct the 2'^^ Respondent not to interfere with the further construction of the petitioner's building and its structures as approved by the municipal corporation and its proceedings dated 02.11.2024, pending disposal of the main Writ Petition, in the interest of justice. Counsel for the Petitioner: SRI J JANAKIRAMI REDDY Counsel for the Respondents: GP FOR MUNCIPAL ADMN & URBAN DEV Counsel for the Respondents: GP FOR REVNUE Counsel for the Respondents: SRI SOMA RAJU YELSETTI Counsel for the Respondents: SRI MD SALEEM PASHA The Court made the following order: / APHC010041392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 2159/2025 Between: Dr. Madhavi Latha ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.J JANAKIRAMI ,REDDY Counsel for the Respondent{S): 1.MDSALEEM PASHA 2.GP FOR REVENUE 3.SOMA RAJU YELISETTI 4.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION N0.2159 of 2025 ORDER: The present Writ Petition is filed questioning the action of the 2'"'^ respondent in not implementing the Proceedings issued by the 3'’'’ respondent vide Roc.No.G1/572150/2024, dated 02.11.2024. 1. 2. The facts leading to filing of the present Writ Petition are as follows;- The Petitioner herein and her son had purchased the schedule property of an extent of Ac.0.45 cents in Sy.No.4/IB situated in Roza in Ward No.44 of Municipal Corporation, Prakash Nagar, Sunkesula Road, 0pp. Gandhi Towers, Kurnool under a registered Sale Deed vide document No.14871/2005, dated 26.11.2005. The Petitioner applied for building permission and after due verification, the building permit order NO.1016/0052/B/KURL/PN/2019, dated 31.10.2019 was issued to the Petitioner. 3. While the construction was going on. Respondent No.3- Corporation received a representation on 29.05.2024 from one M. Abdul Saleem stating that the land in Sy.No.4/1B situated in Roza in Ward No.44 of Municipal Corporation, Prakash Nagar, Sunkesula Road, 0pp. Gandhi Towers, Kurnool, was the Wakf property and encroached by the land grabbers. Thereupon, the Commissioner & Director of Municipal Administration and the Director of Town and Country Planning, Government of Andhra Pradesh, Municipal Administration and Urban Development instructed the Respondent No.3-Corporation to examine the representation made by the said individual. The C.E.O of A.P. State Wakf Board had requested the Vice-Chairman, Kurnool Urban Development Authority to cancel all approved plans/permissions/constructions 2 In that situation, the Respondent No.3-Corporation issued Proceedings dated 12.07.2024 calling upon the Petitioner to stop construction work immediately as there is a shortfall of Land Conversion Certificate in the application filed by the Petitioner. The Petitioner then filed W.P.No. 18662 of 2024 before this Court questioning the said order. In the said Writ Petition, it was contended that an amount of Rs.7,11,480/- was paid by the Petitioner on 10.05.2024 towards land conversion fee. This Court after considering the rival submissions, disposed of the said Writ Petition on 23.08.2024 directing the Respondent No.3-Corporation to proceed with necessary enquiry pursuant to the impugned Proceedings dated 12.07.2024 and till enquiry is concluded, status quo be maintained by the respective parties. Consequent to the orders of this Court, the Respondent No.3- Corporation conducted a detailed enquiry and submitted its report vide Roc.No.G1/572150/2024, dated 02.11.2024 holding that the Petitioner had paid the land conversion fee and prima facie having title to the schedule property. Paragraph 16 of the said enquiry report is extracted below;- 4. 5. 6. “16. As the petitioner paid the required “land conversion fee" for her site and production of ‘paid certificate’ is not necessary as per the Amended Act 13/2018 to the A.P. Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2006 and as the petitioner purchased the subject site legally and having prima facie title and as she is found lawful possession and enjoyment of the said site, and in view of the decision held by our Hon’ble High Court of A.P with regard to grant of building permission, and also the title of the property is to be decided by the Appropriate Forum in this matter, the Undersigned instructed the KUDA authorities to withdraw their ‘shortfall objections’ if any, pending before them and permit the petitioner Dr.Madhavilatha to make further constructions and complete the same as per the approved building plan within the prescribed period. ” 3 7. As per the report, the A.P. State Wakf Board was directed to approach the appropriate Forum for redressal of their grievance. In spite of the enquiry report submitted by the Respondent No.3-Corporation, the stop work order dated 12.07.2024 was not withdrawn and therefore the present Writ Petition is filed by the Petitioner. 8. The Respondent No.2-KUDA filed its Counter Affidavit pointing out certain shortfalls apart from the reason mentioned in the stop work order dated 12.07.2024 and the same was communicated to one P. Ranganatha Reddy, who is the authorized Licensed Technical Person on behalf of the Petitioner for submission of the shortfall documents. As there was no response from the said individual, the further steps could not be taken. It was also mentioned that the revocation of the stop work could not be made manually and it has to be done through online DPMS portal only. 9. Heard Sri J. Janaki Rami Reddy, learned Counsel for the Petitioner and Sri A.S.C. Bose, learned Standing Counsel appearing for the Respondent No.3-Corporation. At the time of hearing, it was submitted that vide G.O.Ms.No.5, MA & UD Department, dated 11.01.2025, the powers of Urban Development Authority were delegated to the Municipal Corporations and Municipalities in exercise of powers under the provisions of The Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 and in view of the G.O referred above, the Respondent No.2-KUDA is not the correct authority to revoke the stop work order and only the Respondent No.3-Corporation is entitled to revoke the same. 10. Having heard the respective counsel, this Court is of the opinion that the Writ Petition could be disposed of directing the Petitioner to submit the shortfall documents which were communicated to the licensed technical person P. Ranganatha Reddy within a period of four f04) weeks 11. 4 and thereupon, the Respondent No.3 taking into consideration the detailed enquiry report dated 02.11.2024 and the shortfall documents shall pass orders regarding revocation of stop work order within a period of four (04) weeks therefrom. 12, Accordingly, the Writ Petition is disposed of. There shall be order as to costs. As a sequel, pending applications, if any, shall stand closed. no SD/- K, SRINIVASA RAJU assistant^ registrar f^OFFICER //TRUE COPY// SEj To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Vice Chairman, Kurnool Urban Development Authority, Near Montessori School, A-CAMP, Kurnool Town, Kurnool, Kurnool District. 3. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool District. 4. The District Collector, Kurnool District, Kurnool. 5. The Revenue Divisional Officer, Kurnool, Kurnool District. 6. The Tahsildar (Urban), Kurnool Town. 7. The Chief Executive Officer, A.P. State Waqf Board, Vijayawada. 8. One CC to Sri J Janakirami Reddy, Advocate [OPUC] 9. One CC to Sri Soma Raju Yelisetti, Advocate [OPUC] One CC to Sri Md. Saleem Pasha, Advocate [OPUC 10. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Revenue, High Court of Andhra Pradesh. 11. 12. [OUT] Two CD Copies 13. RAM HIGH COURT DATED:06/03/2025 ORDER 'i 13 MAR 2025 WP.No.2159 of 2025 o\ COi ^ Currem Section Sespkxcv^^ DISPOSING OF THE WP WITHOUT COSTS