APHC010621892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32689/2025 Between: 1. KORUKONDA SESHU, S/O. K.MALLI BABU, AGED ABOUT 50 YEARS, R/O. D.NO.49-33-8/5 RAMAKRISHNA NAGAR, AKKAYYAPALEM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ANDURBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3. THE TOWN PLANNING SUPERVISOR, ZONE ML, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...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 pass an order or orders or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the 2nd and 3rd Respondents in proposing to demolish my building in Sy.No.28/14 in an extent of 128.8 Sq.Yards in D.No.49-39-23/7/1 situated at Allipuram Extension Ward, 2 Visakhapatnamas illegal. arbitrary and also violation of Articles 19, 21 and 300A of the Constitution of India and Consequently direct the respondents not to demolish my building as I am fully eligible for regularization of unauthorized construction by virtue of G.O.Ms.No.225 dated 12.11.2025 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 to direct the respondents not to make any demolition activities pertaining to my building in Sy.No.28/14 in an extent of 128.8 Sq.Yards in D.No.49-39-23/7/1 situated at Allipuram Extension Ward, Visakhapatnam pending my; BPS application under G.O.Ms.No.225, dated 12.11.2025 pending this writ petition and to pass Counsel for the Petitioner: 1. Y KANAKALINGESWARA RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the impugned order dated 09.07.2025 whereby the 2nd respondent has called upon the petitioner to remove the unauthorized floor. It is submitted that the petitioner has obtained permission for Ground + 2 Floors vide Building Permit Order dated 02.08.2024. The petitioner subsequently constructed an additional floor apart from several deviations with regard to the setbacks. It is also submitted that the deviations can be regularized in pursuance of the 1st respondent issuing G.O.Ms.No.225, dated 12.11.2025. The petitioner intends to submit an application for regularization of the unauthorized construction. 2. Sri A.S.C. Bose, the learned Standing Counsel appearing for the respondent Nos.2 and 3, submits that though G.O.Ms.No.225 would permit regularization subject to the exceptions stated therein, as on date, the petitioner has not submitted any application seeking regularization. 3. Recording the submissions, the writ petition is disposed of at the admission stage leaving it open for the petitioner to submit an application seeking regularization within a period of four (04) weeks from the date of receipt of a copy of this order. The 2nd respondent shall consider the same in light of G.O.Ms.No.225 and pass necessary orders. Failure on part of the petitioner to submit an application for regularization under G.O.Ms.No.225 within the time specified above, further action shall be initiated by the 4 2nd respondent, and there shall be no coercive steps for a period of four (04) weeks. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 25.11.2025 PNS