IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITIONNO: 3100 OF 2025 Between: 1. Kanuri Sarada, W/o Kanuri Udaya Bhaskar, Aged about 56 years R/o 50-13-21/1, Seethammapeta, Visakhapatnam (Urban) Akkayyapalem Visakhapatnam, Andhra Pradesh-530016 2. Pentapalli Radha, W/o Late Tangeti Srinivasa Rao, Aged about 54 years R/o 5-13-21/1, Seethammapeta, Vinayaka Temple, (Urban), L B Colony, Visakhapatnam, Andhra Pradesh- 530017. 3. Moturi Hymavathi, W/o Moturi Rama Lakshman Rao, Aged about 52 years R/o 25-102/3, Nagaram Palem, Madhurawada, Visakhapatnam Visakhapatnam, Andhra OOUw^I. Pradesh- ...Petitioners AND of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Velagapudi, Amaravati, Guntur District. 2. Greater Visakhapatnam Municipal Corporation, Rep by its Commissioner, Visakhapatnam District. 3. Assistant City Planner, Zone-Ill, Greater Visakhapatnam Municipal Corporation Visakhapatnam District. 4. Town Planning Officer, Zone-Ill, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 for not considering the representation dated 27.01.2025 with regard to payment of requisite penalty for minor deviations, u/R- 3(33) (g) of the . Andhra Pradesh Building Rules, 2017 as illegal, arbitrary and violative of ^principles of natural justice and Articles 14 and 21 of the Constitution ^ndia and Rule-3(33)(g) of the A.P. Building Rules. lA NO: 1 OF 2Q2fi / j- r'- of 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 herein not to take pending disposal of the main Writ Petition. any coercive steps Counsel for the Petitioner: SRI MANDALIKA KAVYA SUDHA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondents 2 to 4: SRI A.S.C.BOSE, SC for MUNICIPALITIES The Court made the following order: APHC010054492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.3100 of 2025 Between: Kanuri Sarada and others ...PETITIONER(S) AND The State of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.MANDALIKA KAVYA SUDHA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN. AND URBAN DEV. 2. A.S.C. BOSE, STANDING COUNSEL The Court made the following: ...RESPONDENT(S) 2 VS,J W.P.No.3100 of 2025 ORDER: This writ petition, under Article 226 of the Constitution of India is filed seeking the following relief: ..to issue a writ, order or direction more particuiarly one in the nature of Writ of Mandamus deciaring the action of the Respondent No. 2 in not considering the representation dated 27.01.2025 with regard to payment of requisite penalty for minor deviations u/R- 3(33)(g) of the Andhra Pradesh Building Rules, 2017 as illegal, arbitrary and violative of principles of natural justice and Articles 14 and 21 of the Constitution of India and Rule-3(33)(Q) of the A.P. Building Rules. ” 2. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration & Urban Development representing respondent No.1 and learned Standing Counsel representing respondent Nos.2 to 4. 3. The case of the petitioners is as follows: (i) The petitioners have obtained building permission, dated 23.05.2024, from the 2'^'^ respondent-Corporation for construction of a building at premises bearing Door No.50-13-21/A covered by Sy.No.32 of Seethammapeta, Zone-Ill, Visakhapatnam City. The said property was devolved upon the petitioners from their mother, who, in turn, had purchased the same under a registered sale deed dated 19.10.1978. (ii) While the petitioners were proceeding with the construction activities, a Provisional Order Notice dated 03.10.2024 3 VS,J W.P.No.3100of 2025 under Sections 452(1) and 461(1) r/w Sections 428 and 429 of APMC Act, 1955, and Section 89(1 &2) r/w Sections 82 and 90(1) of APMR & UDA Act, 2016, was issued by the 2'"'^ respondent-Corporation, alleging certain deviations in respect of setbacks and directing the petitioners to stop further construction forthwith and to show sufficient cause as to why the unauthorized construction should not be removed/altered or pulled down, within seven days from the date of receipt of the notice. (iii) Due to health issues and unavoidable circumstances, the petitioners could not submit reply to the said Provisional Order Notice dated 03.10.2024 within the stipulated time and, consequently, a Confirmation Order bearing No.7/1086/GVMC/ UC/2024 dated 25.11.2024 has been passed by the 2"^^ respondent, directing the petitioners to bring down the construction into the rule frame, within seven days from the date of receipt of the said notice. (iv) In the above circumstances, the petitioners have submitted a representation dated 27.01.2025 to the 2^^^ respondent, explaining as to why they could not respond to the notices and requesting to regularize the deviations, which are minor, by collecting requisite penalty. As the said representation has not been considered by the 2'^'^ respondent, the petitioners filed the present writ petition. 4 VS,J W.P.No.3100 of 2025 From the above facts, it is clear that the petitioners have 4. admitted with regard to issuance of provisional notice dated nd 03.10.2024 as well as confirmation order dated 25.11.2024 by the 2 respondent-corporation. However, it is pleaded that due to unavoidable circumstances, the petitioners could not submit reply to the provisional notice dated 03.10.2024, but they have submitted a representation dated 27.01.2025 to the 2'''* respondent, requesting to regularize the minor deviations by collecting penalty whatsoever. Learned counsel for the petitioners, having admitted the above- 5. stated facts, has limited his arguments only to the extent of directing the 2'''’ respondent to pass orders on the petitioners’ representation dated 27.01.2025, requesting to regularize the deviations by collecting the requisite penalty. The fact of the representation dated 27.01.2025 having been submitted by the petitioners is also admitted by the learned Standing Counsel representing respondent Nos.2 to 4. 6. In the above facts and circumstances, instead of going into merits of the matter, this Court deems it appropriate to dispose of the writ petition at the admission stage, by directing the 2'''’ respondent- corporation to pass appropriate orders on the representation dated 27.01.2025 submitted by the petitioners, in accordance with law. 7. 5 VS,J W.P.No.3100 of 2025 within a period of two weeks from the date of receipt of a copy of this order. 8. With the above direction, the Writ Petition is disposed of. No order as to costs. Interlocutory applications, if any, pending in this writ petition OFFICER shall stand closed. //TRUE COPY// SEC To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Greater Visakhapatnam Municipal Corporation, Visakhapatnam District. 3. The Assistant City Planner, Zone-Ill, Greater Visakhapatnam Municipal Corporation Visakhapatnam District. 4. The Town Planning Officer, Zone-Ill, Greater Visakhapatnam Municipal Corporation, VisakhapatnamDistrict 5. One CC to Sri Mandalika Kavya Sudha, Advocate [OPUC] 6. One CC to Sri A.S.C.Bose, SC for Municipalities [OPUC] 7. Two CCs to GP for Municipal Administration & Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CD Copies RAM HIGH COURT DATED: 10/02/2025 ORDER X 0 7 MAR 2025 k ^ . Current Section . ^ Of WP.No.3100 of 2025 oW DISPOSING OF THE WP WITHOUT COSTS