APHC010606182018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29332/2018 Between: 1. KUNDURU RAJESH CHOWDARY, S/O K.NAGESHWARA RAO, AGED. 34 YEARS, OCC. BUILDER, R/O.G-5 ABEESTA APARTMENT, NETAJI NAGAR, PADAKALAKUR ROAD,NELLORE, SPSR NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRL.SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT. AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. MUNICIPAL CORPORATION OF NELLORE, REPRESENTED BY IT'S COMMISSIONER NELLORE, SPSR NELLORE DISTRICT 3. SMT CHALLA HIMANI ALIAS TIKKAVARUPU HIMANI, W/O THIKKAVARPU VISHNU VARDHAN, AGED 40 YEARS, OCC. BUSINESS, R/O.BUILDING IN SY.NO.1958, NEAR DOOR NO. 25-1- 118, PLOT NO. 05, 06. 07 2ND STREET EXTENSION, GOUTHAMI NAGAR, NELLORE ...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 toto issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, inaction on the part of the 2nd 2 respondent in allowing to construct the building i.e., residential house on the Plot bearing No. 5, 6, 7 part in Sy.No.1958, near 2nd Street Extension, Gouthami Nagar. Nellore BIT-1, by the 3rd respondent without obtaining permission and without following the norms causing inconvenience to the adjacent building , endangering the lives of the neighbours, inspite receiving representation from me as illegal, arbitrary, and consequently direct the 2nd respondent to demolish the illegal structures in the construction of building by the 3rd respondent in Plot bearing No. 5, 6, 7 part in Sy.No.1958. near 2nd Street Extension, Gouthami Nagar, Nellore BIT-1. and pass IA NO: 1 OF 2018 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 2nd respondent to stop construction of building by the 3rd respondent in Plot bearing No. 5, 6, 7 part in Sy.No.1958, near 2nd Street Extension, Gouthami Nagar, Nellore BIT-1 pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. V R MACHAVARAM Counsel for the Respondent(S): 1. ANCHA PANDURANGA RAO 2. P SRIDHAR REDDY 3. GP MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: 3 ORDER:- The learned counsel for the petitioner, appearing virtual mode, submits that the writ petition was filed challenging the inaction on the part of the 2nd respondent in permitting the 3rd respondent to construct an illegal structure. 2. The learned Standing Counsel appearing for the 2nd respondent submits that the building of the 3rd respondent was subsequently regularized under the Building Penalization Scheme. 3. Recording the same, this Writ Petition is closed. No order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 09.10.2025 SR