APHC010543772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28080/2025 Between: 1. TRIVENI DEVELOPERS, REPRESENTED BY ITS MANAGING PARTNER SRI VARANASI RAMESH, C/O D. NO. 38-30-107 NEAR SIVALAYAM, SAI NAGAR, MARRIPALEM, VISAKHAPATNAM - 530018. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. A.P. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, TENNETI BHAVAN, VISAKHAPATNAM. 3. THE TOWN PLANNING OFFICER, , GREATER VISAKHAPATNAM MUNICIPAL CORPORATION ZONE VIII, VEPAGUNTA, VISAKHAPATNAM 2 HN,J W.P.NO.28080 OF 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 the WRIT OF MANDAMUS declaring the action of the Respondent No.3 in issuing the impugned notice vide Notice No. VIIIAA/PRS/472 dated 12.10.2024 without causing physical inspection of the subject property and further directing the petitioner firm to stop the work in the petitioners property bearing Door No. 1-137, situated in Survey No. 44/1 A, Susarla Colony Baji Junction, Butchirajupalem, Gopalapatnam Ward no. 91, Zone-VIII, within the limits of Greater Visakhapatnam Municipal Corporation as illegal, arbitrary, ultra vires, contrary to principles of natural justice, provisions of the Municipal Corporations Act, 1955 besides being violative of Articles 14, and 300A of the Constitution of India and/or 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 permit the petitioner to carry on with the construction work in adherence to the Building Permit Order vide Permit No. 1086/3487/B/Z8/BEM/2023 dated 24.06.2024 and pass Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 HN,J W.P.NO.28080 OF 2025 ORDER:- The petitioner is aggrieved by the action of the respondents in issuing a notice dated 12.10.2024 and serving the same in the month of August, 2025. In this regard, the petitioner also submitted a report/explanation dated 21.08.2025 to the 2nd respondent. It is submitted that the construction is still at the foundation stage and that the interference on the part of the respondents is at the behest of some vested interest and third parties. 2. Learned Standing counsel appearing for the 2nd respondent, on written instructions, submits that the Town Planning Staff have observed deviations in construction from the approved plan and as such issued a notice. It is also submitted that several complaints were received with regard to the construction made by the petitioner. 3. It is also submitted that the petitioner filed O.S.No.342 of 2025 on the file of V Additional Civil Judge (Junior Division), Visakhapatnam, challenging the notice dated 12.10.2024 and the said suit is pending for consideration. It is also stated in the written instructions that no coercive action has been taken 4 HN,J W.P.NO.28080 OF 2025 against the building of the construction of the petitioner as on date. 4. Learned Standing counsel submits that the respondent authorities have received the explanation submitted by the petitioner and that the respondents shall pass necessary orders duly taking into account the explanation submitted by the petitioner. 5. Considering the submissions, the writ petition is disposed of directing the 2nd respondent to pass appropriate orders in pursuance of the show cause notice dated 12.10.2024 served on the petitioner in the month of August, 2025, duly taking into account the explanation of the petitioner dated 21.08.2025, pending such consideration. There shall be no coercive steps against the petitioner’s construction. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 14.10.2025 LSP 5 HN,J W.P.NO.28080 OF 2025 29 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28080/2025 14.10.2025 LSP