APHC010503902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26294/2025 Between: 1. GUJJULA ROJA, W/O.KRUPANANDAM AGED 57 YEARS, OCC HOUSEWIFE R/O.D.NO.27-5-2/4, TDP PARTY OFFICE BACKSIDE ROAD, AMMENAPETA, ELURU, ELURU DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE ELURU MUNICIPAL CORPORATION, ELURU, ELURU DISTRICT, ANDHRA PRADESH REP.BY ITS COMMISSIONER 2. THE ASSISTANT CITY PLANNER, ELURU MUNICIPAL CORPORATION ELURU, ELURU DISTRICT, AP 3. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, AP ...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 declaring the Notice NO.21/1075/ELR/VC/2025 dt.10-09-2025 issued by the Respondents under Sec.452 (2)and 461 (2) of A.P. Municipal Corporation Act and Section 86, 89 (3) of A.P. Metropolitan Region and Urban Development Authority Act by directing to bring down the construction at premises bearing D.No.27-5-2/4, situated at TDP Party Office Backside Road, Ammenapeta, Eluru, Eluru District, AP without any prior notice and opportunity of hearing as highly illegal, arbitrary, violative of Principles of natural justice besides contrary to law and consequently set aside the same 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 grant stay of all further proceedings including demolition pursuant to the Notice No.21/ 1075/ELR/UC/2025 dt, 10-09-2025 issued in the name of 1st respondent pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. YASWANTH GADE Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 26294 OF 2025 ORDER : 1. Heard the learned senior counsel appearing for the petitioner and the learned Assistant Government Pleader. 2. The learned senior counsel appearing for the petitioner submits that the respondent authorities have passed the impugned proceedings dated 10.09.2025 calling upon the petitioner to bring down the alleged unauthorized construction within a period of seven days. It is submitted that the impugned proceedings would indicate that the petitioner has not submitted the reply to the show cause notice dated 28.06.2025. The learned senior counsel appearing for the petitioner submitted that the show cause notice was not served on the petitioner in terms of Section 631 of the AP Municipalities and Corporations Act. 3. This Court requested the learned standing counsel to ascertain the mode of service on the petitioner. Today, it is informed that the petitioner has refused to accept the provisional show cause notice and it was affixed at the premises, where the subject construction was undergoing. 4. A notice and the provisional show cause notice would have to be served in accordance with Section 631 of the AP Municipalities and Corporations Act. Considering the same the writ petition is disposed off setting aside the impugned proceedings leaving it open for the 2nd respondent to serve a proper notice on the petitioner in terms of Section 631 of the AP Municipalities and Corporation Act and take further steps. 5. It is also made clear that the petitioner shall not take any further construction till disposal of the consideration of the reply of the petitioner to the show cause notice. 6. Accordingly, the writ petition is disposed off without costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N KGM 593 THE HON’BLE SRI JUSTICE HARINATH.N Writ Petition No.26294 of 2025 Dated 25.09.2025 KGM