APHC010335462023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17011/2023 Between: 1. MADDALA VENKATESWARA RAO, /O. HANUMANTHA RAO, AGED ABOUT M 61 YEARS, R/O. D.NO. 7-58, SINGAVARAMA VILLAGE, DENDULURU MANDAL,WEST GODAVARI DISTRICT,NOW ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, ELURU, WEST GODAVARI DISTRICT, NOW ELURU DISTRICT. 3. THE ELURU URBAN DEVELOPMENT AUTHORITY, REP. BY ITS VICE CHAIRMAN, ELURU, WEST GODAVARI DISTRICT, NOW ELURU DISTRICT. 4. THE KOTHAGUDEM GRAMPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, SINGAVARAM VILLAGE, DENDULURU MANDAL, WEST GODAVARI DISTRICT, NOW ELURU DISTRICT. ...RESPONDENT(S): 2 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 issue writ, order or orders more particularly one in the nature of writ of mandamus declaring the action of the 4th respondent in trying to demolish the petitioner's house, situated in RS. No.24/7 of Singavaram Village, Denduluru Mandal, West Godavari District, Now Eluru District, without having any power or jurisdiction as illegal, arbitrary, unconstitutional and violation of principles of natural justice and also apart from violative of Articles 14, 16, 21 and 300-A of the Constitution of India, consequently direct the respondents not to demolish the petitioner's house, situated in RS. No.24/7 of Singavaram Village, Denduluru Mandal, West Godavari District, Now Eluru District and to pass IA NO: 1 OF 2023 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 4th respondent not to take any coercive steps for demolish of the petitioner's house, situated in RS. No.24/7 of Singavaram Village, Denduluru Mandal, West Godavari District, Now Eluru District pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. K SITA RAM Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. KOMMASANI SRINIVASULA REDDY SC FOR URBAN DEVELOPMENT AUTHORITIES 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following: 3 ORDER: To declare the action of the respondents in trying to demolish the petitioner’s house situated in R.S.No.24/7 of Singavaram Village, Denduluru Mandal, West Godavari District, without having any power or jurisdiction, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri D.Harsha Vardhan, learned counsel representing Sri K.Sita Ram, learned counsel for the petitioner and Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat for the respondents. 3. Learned Standing Counsel on written instructions submitted that an office endorsement dated 25.07.2023 has been issued to the petitioner informing that the regularization of his unauthorized building cannot be considered under BPS. Further, the Government had recently issued the Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2025 (BPS-2025), as such, the petitioner may now avail the BPS-2025, for regularization of his unauthorized building by submitting appropriate application. He further submitted that this Court, on 12.07.2023, granted interim orders, as such, no steps were taken. If at all the respondents want to interfere, they will take steps in accordance with law, accordingly, prayed to dismiss the writ petition. 4. Learned counsel for the petitioner submitted that by virtue of the said BPS 2025 issued by the Government, the petitioner is taking steps 4 to apply for the building regularization, as such, prayed to dispose of the writ petition. 5. Taking the submissions of the learned counsel and the written instructions into consideration, as the respondents have an intention to follow law and in view of the interim orders passed by this Court on 12.07.2023, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities are directed not to interfere with the subject property except under due process of law.” 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 29th December, 2025 RKS