IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2165 OF 2025 Between: 1. Kama Sugunamma, W/o Late K. Venkata Rama Rao, Aged 63 years, Occ; Housewife, R/o Door No 4-2, Talamanch Village, Kodavalur Mandal, SPSR Nellore District. 2. Kama Ashok, S/o Late K. Venkata Rama Rao, Aged 38 years, Occ; Cultivation, R/o Door No 4-2, Talamanch Village, Kodavalur Mandal, SPSR Nellore District. 3. Kama Ravindra, S/o Late K. Venkata Rama Rao, Aged 36 years, Occ; Housewife, R/o Door No 4-2, Talamanch Village, Kodavalur Mandal, SPSR Nellore District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration & Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Nellore Municipal Corporation, Rep. by its Commissioner, Nellore City SPSR Nellore District. ...RESPONDENTS 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 declaring the Confirmation Order dt. 07-01-2025 vide Notice No. 111/1031/NLR/UC/2024 issued by the 2 nd *.-y f’-.. respondent thereby directed the petitioners to pull down the alleged deviation of setbacks within a period of seven (07) days from the date of receipt of the above order failing which the 2^^ respondent would initiate action to demolish the construction of Ground + 3 floors in Plot No.29 in an extent of 404.44 square yards covered by Survey Nos. 863, 864 and 865 situated at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District, without considering the explanation dt. 03-01-2025 submitted to the Provisional Order dt. 17-12-2024 vide Notice No: 111/1031/NLR/UC/2024 without giving opportunity of personal hearing and without passing speaking/reasoned order, as illegal, arbitrary, violative of principles of natural justice and provisions of A.P. Municipal Corporation Act, 1955 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the Confirmation Order dt. 07-01-2025 vide Notice Nol 11/1031/NLR/UC/2024 issued by the respondent and direct the 2"^ respondent not to interfere with petitioners construction of Ground + 3 floors in Plot No.29 in an extent of 404.44 square yards covered by Survey Nos. 863, 864 and 865 situated at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District. 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 suspend the operation of Confirmation Order dt. 07-01-2025 vide Notice No:111/1031/NLR/UC/2024 issued by the 2"^^ respondent and also direct the 2"^ respondent not to interfere with petitioners construction of Ground + 3 floors in Plot No.29 in an extent of 404.44 square yards covered by Survey Nos. 863, 864 and 865 situated at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District, pending disposal of the main Writ Petition. # Counsel for the Petitioner: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A.S.C.BOSE, SC FOR MUNC & MUNC CORPORATION The Court made the following: ORDER 1 APHC010042572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2165/2025 Between: Kama Sugunamma and others ...PETITIONER{S) AND The State of Andhra Pradesh and another ...RESPONDENT(S) Counsel for the Petitioner{S); 1.SRINIVAS AMBATI Counsel for the Respondent{S); 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Confirmation Order dated 07.01.2025 vide Notice No. 111/1031/NLR/UC/2024 issued by the 2"'^ respondent thereby directed the petitioners to pull down the alleged deviation of setbacks within a period of seven (07) days from the date of receipt of the above order failing which the 2"'^ respondent would initiate action to demolish the construction of Ground + 3 floors in Plot No. 29 in an extent of 404.44 square yards covered by Survey Nos. 863, 864 and 865 situated at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District, without considering the explanation dated 03.01.2025 submitted to the Provisional Order dated 17.12. 2024 vide Notice NO.111/1031/NLR/UC/2024, without giving opportunity of personal hearing and without passing speaking/reasoned order, as illegal, arbitrary, violative of principles of natural justice and provisions of A.P.Municipal Corporation Act, 1955 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the Confirmation Order dated 07.01.2025 vide Notice No.111/1031/NLR/UC/2024 issued by the 2 respondent and direct the 2"^ respondent not to interfere with petitioners’ construction of Ground + 3 floors in Plot No. 29 in an extent of 404.44 square yards covered by Survey Nos. 863, 864 and 865 situated at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District ” nd The petitioners are the absolute owners, possessors and enjoyers of house site property bearing Plot No.29 in an extent of 404.44 square yards, situated in Sy.Nos.863, 864 and 865 at Adithya Nagar, Nellore City, Nellore Municipal Corporation limits, SPSR Nellore District. On an application 2. 3 submitted by the petitioners seeking building permission, respondent No.2 after verifying the online application filed by the petitioners, granted building permit order on 09.08.2024 vide Permit No.1031/0870/B/NMC/ADNGR/2024, for construction of Ground + 3 floors in the above house site property. While the things stood thus, a person by name Pallamreddy Hari Prasad Reddy, S/o Venkureddy, who is the petitioners’ neighbor has constructed his residential apartment adjacent to the petitioners’ house and requested the petitioners to sell their house site property to him as he was doing real estate business. As the petitioners refused to sell their property, the said Pallamreddy Hari Prasad Reddy boring grudge against the petitioners, lodged a complaint to respondent No.2, alleging that the petitioners were proceeding with unauthorized construction. But, however, as no action has 3. been initiated as against the said complaint, the said Pallamreddy Hari Prasad Reddy approached this Court by filing W.P.No.26356 of 2024, which disposed of on 21.11.2024 by recording the statement of respondent No.2 that they have already issued a Provisional Notice in favour of the petitioners on was 13.11.2024. 4. The case of the petitioners is that in pursuance of the said notice dated 13.11.2024 the petitioners have submitted a written explanation on 18.11.2024 stating that the complaint raised by Pallamreddy Hari Prasad Reddy is absolutely false and also requested respondent No.2 to conduct an enquiry before interfering into the said construction. Subsequently, respondent i-..- 4 No.2 issued another Provisional Order Notice on 17.12.2024, to which the petitioners have also submitted an explanation on 03.01.2025. The grievance of the petitioners in the present writ petition is that 5. despite their explanation submitted on 03.01.2025, respondent No.2 passed a Confirmation Order Notice on 07.01.2025 under Sections 452(2) & 461(2) of APMC Act, 1955 and 86, 89(3) of APMR & UDA Act, 2016, without \ considering the petitioners’ explanation. It is also the specific case of the \ petitioners that though they submitted their explanation 03.01.2025 was served on the respondent authorities, it was referred in the Confirmation Notice as if the petitioners have not submitted any reply to the said Provisional Order Notice dated 17.12.2024. 6. Today, when the matter came up for hearing, learned Standing Counsel representing respondent No.2 furnished a copy of instructions of the City Planner, Nellore Municipal Corporation dated 30.01.2025, wherein it is admitted that in pursuance of the Provisional Order Notice dated 17.12.2024, the petitioners submitted their explanation on 03.01.2025, informed the respondents that if at all there were any setback deviations, they would remove the same. Despite this, respondent No.2 have passed the Confirmation Order Notice No.111/1031/NLR/UC/2024, dated 07.01.2025. 7. In view of the above facts and circumstances, this Court feels it appropriate to set aside the Confirmation Order Notice No.111/1031/NLR/UC/2024, dated 07.01.2025, with a direction to respondent No.2 to consider the explanation submitted by the petitioners on 03.01.2025 5 and after duly conducting an enquiry shall proceed further in accordance with law. Till such time, the respondents shall not interfere into the petitioners’ scheduled property. 8. With the above direction, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, The Principal Secretary to Government, Municipal Administration & Urban Development Department, State of Andhra Pradesh Secretariat Velagapudi, Amaravati, Guntur District. The Commissioner, Nellore Municipal Corporation, Rep. by its Nellore City, SPSR Nellore District. One CC to Sri Srinivas Ambati, Advocate [OPUC] Two CCs to GP Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT] One CC to Sri A.S.C.Bose, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies. 1. 2. 3. 4. 5. 6. gi HIGH COURT DATED:30/01/2025 ORDER 18 FEB 20?5 ^ . Currem oecuon WP.No.2165 Of 2025 O'. <3» Co DISPOSING OF THE WRIT PETITION WITHOUT COSTS