APHC010049232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION No.2461 of 2025 Between: Bevara Ramu and others ...PETITIONER(S) AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. A. VARALAKSHMI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN& URBAN DEV 2.GP FOR REVENUE 3.A.S.C. BOSE, STANDING COUNSEL The Court made the following: 2 VS,J W.P.No.2461 of 2025 ORDER : This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “..to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly respondents 2 and 3 herein in interfering with the construction activities of the petitioners though they are having proper permissions for construction in Sy.Nos.196/P and 214 of Sai Ganesh Colony, Revallapalem, Madhurawada, Visakhapatnam District, Andhra Pradesh in spite of orders of this Honorable Court in favour of the petitioners as illegal, arbitrary and also oppose to Article 300-A of the Constitution of India besides abuse of power consequentially direct the respondents particularly respondents 2 and 3 herein not to interfere with the construction activity of the petitioners for construction of tin sheds in Sy.Nos.196/P and 214 of Sai Ganesh Colony, Revallapalem, Madhurawada, Visakhapatnam District, Andhra Pradesh.” 2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development representing respondent No.1, learned Standing Counsel representing respondent Nos.2 & 3 and learned Government Pleader for Revenue representing respondent No.4. 3. The petitioners claim to have been granted pattas in respect of plot Nos.34, 35, 27, 31 and 32 respectively, admeasuring 60 square yards each, in Sy.Nos.196/P and 214 of Sai Ganesh Nagar, Madhurawada, Visakhapatnam, vide proceedings No.185/99 dated 24.04.1999, and ever since the issuance of pattas, they have been in peaceful possession and enjoyment of their respective plots. The petitioners intended to construct houses in their respective plots and, therefore, made applications on 05.08.2019 to the 2nd respondent – 3 VS,J W.P.No.2461 of 2025 Greater Visakhapatnam Municipal Corporation, for grant of building permissions. Their applications were considered and building permissions were granted to them, with a condition that construction has to be commenced before 23.08.2022 and to be completed by 23.02.2024. However, subsequently, on the application made by the petitioners, the validity of the building permission was extended till 31.12.2025 by the 2nd respondent-Corporation. 4. In pursuance of the extension of time granted by the Corporation, the petitioners claim to have started construction of sheds in their respective plots, without any deviation of the building permission, but the 3rd respondent - Town Planning Officer, Zone-II, GVMC, has issued a notice dated 25.01.2025, under Sections 452(1) and 461(1) of the Andhra Pradesh Municipal Corporation Act, 1994, stating that the petitioners were proceeding with unauthorized construction of sheds in E.W.S. layout in Sy.Nos.196/P and 214 of Madhurawada and, therefore, directed them to submit an explanation and also to stop and remove the constructions within seven days from the date of receipt of the notice. 5. It is the grievance of the petitioners that in response to the said notice dated 25.01.2025, they have submitted an explanation on 27.01.2025 to the Corporation, along with all necessary documents, but without considering the same and without passing any orders, the respondent authorities are interfering with their construction activities, 4 VS,J W.P.No.2461 of 2025 despite existence of valid house site pattas and building permissions in their favour. 6. In the facts and circumstances of the case and in view of the fact that the petitioners have already submitted an explanation on 27.01.2025 pursuant to the notice issued by the 3rd respondent, instead of keeping this writ petition pending, this Court deems it appropriate to dispose of the writ petition at the admission stage, by directing the 3rd respondent to pass appropriate orders, duly considering the explanation dated 27.01.2025 submitted by the petitioners and after conducting an enquiry as to whether the petitioners have made any unauthorized constructions in deviation of the building permissions granted to them, in accordance with law. Till such time, the respondents are directed not to interfere with the possession of the petitioners over the subject plots and the petitioners are also directed to maintain status quo until final orders are passed by the 3rd respondent. 7. With the above directions, the Writ Petition is disposed of. No order as to costs. Interlocutory applications pending, if any, in this writ petition shall stand closed. ___________________ JUSTICE V. SUJATHA Date: 31.01.2025 IBL 5 VS,J W.P.No.2461 of 2025 THE HONOURABLE SMT. JUSTICE V. SUJATHA WRIT PETITION No. 2461 of 2025 Dt: 31.01.2025 IBL