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2025 DAILYLAW 52987 (AP)

P JAYALALITHA v. THE STATE OF ANDHRA PRADESH

WP/32427/2025 · 2025-11-21

Harinath N

body2025

Judgment text

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1 HN, J W.P.No.32427_2025 APHC010623912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32427/2025 Between: 1. P JAYALALITHA, W/O. P.V. NARASIMHA RAO , AGED 55 YEARS, R/O. D.NO.4-66-2, LAWSONS BAY COLONY, VISAKHAPATNAM ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, (GVMC) REP. BY ITS COMMISSIONER, TENNETI BHAVAN, ASILMETTA JUNCTION, VISAKHAPATNAM - 530016 3. THE CHIEF CITY PLANNING OFFICER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC) TENNETI BHAVAN, ASILMETTA JUNCTION, VISAKHAPATNAM - 530016 4. THE ZONAL COMMISSIONER, ZONE-ILL, DIVISION-7, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC) VISAKHAPATNAM 5. THE TOWN PLANNING OFFICER, ZONE-ILL, DIVISION-7, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC) VISAKHAPATNAM 2 HN, J W.P.No.32427_2025 ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus by directing the Respondents 2 to 5 to take necessassary action pursuant to the Memo of 1ST Respondent Memo.No.2939506 /M2/2025 dated 14.8.2025 by stopping the illegal construction and deveations being carried out in the residential building permit sanctioned under relevant building permit ,which is and violations in construction of Residential Building vide Building Permit which is being unlawfully and sought to be regularised for non non-residential purpose as a Hotel-cum-Restaurent by regularising under Building Regularisation Scheme G.O.Ms.No.225 Municipal Administration and Urbanissued vide Development (M) Department, dt.12.11.2025 of the 1ST Respondent and by granting Trade Licence to run Hotel-cum-Restaurent at Plot No. 10 (Part) thereby infringing the rights guaranteed under Article 300-A of Constitution of India 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 direct the 2ND Respondent not to grant Trade License to use the subejct residential building for Hotel- Restaurant or any other commercial activity to the building situated at Plot No. 10 Part, Door No.4-66-3 Lawsons Bay Colony, GVMC, Visakhatnam and pass Counsel for the Petitioner: 1. K SRINIVASA RAO Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 3 HN, J W.P.No.32427_2025 ORDER: 1. The petitioner is aggrieved by the inaction on the part of the respondents in restraining the neighbour of the petitioner whose details are not mentioned in the writ petition from converting residential premises into a hotel-cum-restaurant. 2. In this regard, the petitioner submitted a representation to the respondents, informing them of the door number of the building which is now being converted into a hotel-cum-restaurant. 3. The learned Standing counsel appearing for the respondents submits that the representation of the petitioner has been addressed, and it was informed that 2nd respondent has issued an endorsement dated 29.07.2025, duly informing the petitioner that the unauthorized construction has been note and that notices under Sections 452(1) and 461(1) were issued regarding the deviations. It is also submitted that the Electricity Department was also requested not to issue any power connection, and further correspondence was addressed to the Town Planning Department not to approve the unauthorized floor. The petitioner was also informed that the 2nd respondent has levied 100% penalty on property tax, and instructions were issued to the Water Supply Department not to provide any water connection. It is submitted that the respondents shall take all necessary steps in accordance with law. 4 HN, J W.P.No.32427_2025 4. Recording the same, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:22.11.2025 NKA 5 HN, J W.P.No.32427_2025 12 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32427 of 2025 Date: 22.11.2025 NKA