APHC010165362022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 10481/2022 Between: 1. D.HUSSAIN BASHA, S/O.D.SAI BABA, AGED ABOUT 36 YEARS, R/O.H.NO. 27/340-A1 MOOLASAGARAM, NANDYAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE NANDYAL MUNICIPALITY, NANDYAL, KURNOOL DISTRICT REP BY ITS MUNICIPAL COMMISSIONER. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3. THE PRUDHVI ADITHYA PARADISE APARTMENT ASSOCIATION SBI COLONY, NANDYAL, KURNOOL DISTRICT REP BY ITS PRESIDENT. ...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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondents No.1 in considering and disposing of the representation dated 26-02-2022 submitted by the Petitioner for deviating the sanctioned plan in constructing the 3rd Respondent Apartment as arbitrary, illegal and contrary to the provisions of AP Municipalities Act and consequently direct the 2 Respondent No.1 to consider and dispose of the representation dated 26-02- 2022 submitted by the Petitioner and initiate appropriate action in accordance with law in the interest of justice. IA NO: 1 OF 2022 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 d to direct the Respondent No.1 to consider and dispose of the representation dated 26-02-2022 submitted by the Petitioner in accordance with the provisions under the AP Municipalities Act, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. KALANGI SUMALATHA 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action on part of the respondent authorities in not considering the representation dated 26.02.2022. 2. It is submitted that the petitioner submitted a representation to the 1st respondent seeking action against the unauthorized construction by the 3rd respondent by deviating from the sanctioned plan. It is submitted that as per the sanctioned plan the 3rd respondent was to construct the building consisting of Stilt + G+4 upper floors. It is also submitted that, in violation of the sanctioned plan, the 3rd respondent has raised three penthouses which are unauthorized. 3. The learned Standing Counsel appearing for the 1st respondent, on written instructions, submits that the subject building was regularized under the Building Penalization Scheme as per G.O.Ms. No. 128, dated 22.05.2015, and the relevant proceedings are placed before this Court. 4. Considering the same, nothing further survives for adjudication on merits, as the subject building is already regularized by the 3rd respondent. 5. Accordingly, this writ petition is closed. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 22.12.2025 PNS 4