IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF FEBRUARY # TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3565 OF 2025 o :t»L vO Between: 1. M. K. Chowdary, S/o. Late Sri. M. Sudarshana Chakrapani, Aged about 36 years, D.No./Plot No. 7/1620-A, ATP Road, Revenue Ward.8, Gooty, Ananthapur District, A.P. N. Kesava Naidu, S/o N. Venkata Ramudu, Aged about 49 years, D.No./Plot NO.7/1620-A, ATP Road, Ananthapur District, A.P. 2. Revenue Ward.8, Gooty, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. By its Principal Secretary, Municipality Administration and Urban Development(MA AND UD) Secretariat, Amaravathi, Velagapudi. 2. Gooty Municipality, Rep. by its Commissioner, Anantapur District, A.P. 3. Town Planning Section, Gooty Municipality, Anantapur District, A.P. ...RESPONDENTS 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 pass an order or orders or direction more particularly one in the nature of a writ of mandamus questioning the action of respondent No.2 in issuing impugned confirmation order vide Notice No. 06/2024/WPRS09 dated 30.12.2024, received on 22.01.2025, confirming the show- cause notice issued vide Notice No. 06/2024/WPRS09 dated 23.12.2024, received on 22.01.2025 and serving both the provisional order and confirmation order collectively and directing the Petitioner herein to bring down the entire building, situated at consisting of (G + 2), situated at D.No/Plot NO.7/1620-A. Anantapur Road. Ananthapur District. A.P into rule frame, submitting reply, without Revenue Ward No. 8, Gooty, without according any time for conducting any physical inspection of the Petitioners premises, without passing any speaking or well-reasoned order as arbitrary, illegal, in violation of principles of natural justice, the provisions of Andhra Contrary to 1965, A.P Authorities Act, 2016 and being violation of petitioners rights guaranteed under Art. 14, 19 (1) (g) and 300A of the Constitution of India and consequently set-aside the Pradesh Municipalities Act Metropolitan Region and Urban Development A.P Building Rules, 2017, besides same. lA NO: 1 OF Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents No. 2 and 3 not to take praying that in the circumstances any coercivq ^ s building consisting of G.2), Situated at D.No/Plot No.7/1620-A, Anantapur Road, Revenue Ward No. 8, Gooty, Ananthapur District measures including that of demolition of Petitioner A.P. Counsel for the Petitioner: SRI M. Counsel for the Respondent No.1: K. VISWANATH NAIDU GP FOR MUNICIPAL administration AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES The Court made the following: ORDER 1 APHC010061922025 THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) TUESDAY. THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITIf^N NO: 3565/2025 IN [3333] B Between; M.K. Chowdary and another ...PETITIONER(S) AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner(S); 1. M K VISWANATH NAIDU Counsel for the Respondent(S); 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 ORDER ■■ This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ to pass an order or orders or direction more particularly one in the nature of a writ of mandamus questioning the action of respondent No.2 in issuing impugned confirmation order vide Notice NO.06/2024/WPRS09 dated 30.12.2024, received on 22.01.2025, ronfirmina the show-cause notice issued O6/20I4/WPRSO9 dated 23.12.2024, received on 22.01.2025 and serving both the provisional order end conifrmation order collecWely end directing the petitioner herein to bring dowr, the of G+2 situated at D. No/Plot No.7/1620-A, Ward No. 8, Gooty, Ananthapur District, vide Notice No situated at consisting Anantapur Road, Revenue A P into rule frame, without according any time for submitting reply, without conducting any physical inspection of the Petitioners premises, without passing any speaking or well-reasoned order, as arbitrary, illegal and in violation of principles of natural justice contrary to the provisions of Andhra Pradesh Municipalities Act, 1965 A P Metropolitan Region and Urban Development Authorities Act 2016 and A.P. Building Rules, 2017, besides being violation of petitioners rights guaranteed under Art. 14, 19(1)(g) and 300A of the Constitution of India and consequently set-aside the same The brief facts of the case are as follows; 2. the absolute owners and possessors of land in situated at D.No./Plot No.7/1620-A at Ananthapur Gooty. Ananthapur District. The petitioners an a) The petitioners are extent of 122.25 Sq.yards Road, Revenue Ward N0.8 father, along with 2"“ petitioner, purchased the said property from its lawful Deed No.791 of 2002. After demise of the petitioner’s owner through Sale father, the 1®^ petitioner name was mutated in the revenue records and also in the property tax records. 3 b) The petitioners with an intention to construct and develop the said property, submitted an application to the 2'^^ 22.07.2019 for grant of permission for construction of consisting of Ground + 2 upper floors. The 2 NO.1156/0068/B/GYMC/ATPR/2019, dated 06.08.2019 for construction of the proposed building. above respondent Municipality on residential building respondent vide Permit nd granted permission c) After obtaining the building permission, the petitioners started construction of the proposed building in accordance with the building plan granted in the year 2019. Subsequently, due to noise and dust pollution, the petitioners approached the 2"'* respondent and orally sought for conversion of the residential building permission to commercial building and also the respondents to levy tax and convert the requested same into commercial tax. Accordingly, the respondents agreed for the same and imposed commercial tax and since then the petitioners have been subject property and paying taxes running super market in the a commercial basis to the respondents. on c) While the matter being 23.12.2024 was issued to the petitioners directing them to stop further construction forthwith and show sufficient deviation/violation construction should not be removed/altered within seven days from the date of receipt of the notice, faiiing which action wiii be taken as per iaw.-The said Provisional Notice dated 23.12.2024 was served on the petitioners on 22.01.2025 along with Confirmation Order dated 30.12.2024, wherein the petitioners were djected to bring down the Provisional Order Notice dated so as to why the cause or pulled down further unauthorized construction within seven days from the date of receipt of the notice. d) The Confirmation Order is under challenge on the ground that before passing the said Confirmation Order, the 2^' respondent failed to conduct any enquiry by giving a notice to the petitioners and also affording an opportunity of hearing to them. learned counsel for the petitioners and learned Government Pleader for Municipal Corporation for respondent No.1 and Ms.V.Sireesha Rani, learned Standing Counsel for respondents No.2 and 3. 3. Heard 4. Today, when the matter came up for hearing, learned Standing Counsel appearing for respondents No.2 and 3 has furnished a copy of instructions of stated that the then the Commissioner, Gooty Municipality, wherein it is Gooty previously issued Provisional Order Notice dated .12.2022 under Sections 217, 228(1) & 228(2) of A.P. Municipalities Act Commissioner, 23 the petitioners directing them to stop further construction forthwith and show sufficient cause as to why the deviation/violation constructions should not be removed/altered or pulled down within seven days from the date of receipt of this notice, failing which, it will be treated as a continuous and intentional offence and further action will be taken as per the provisions under Sections 217, 218(3) of APM Act 1965. As the petitioners followed the directions mentioned in the Provisional Notice nor submitted sufficient cause as to why the deviation/violation constructions 1965 to laid down neither 5 Should not be removed. Therefore, the impugned Confirmation passed. Order was 5. It is further stated that all the building owners including the petitioners a representation on 27.01.2025 in pursuance of the notices served on them requesting to grant time to furnish the detaiis the notices, to secure relevant documents herein have submitted as per so as to submit a detailed reply and also to give an opportunity for personal hearing. However, the said representation was rejected by the 2"" respondent ground the petitioners have failed to submit notice as well as failed to attend personal hearing. on 04.02.2025 on the an explanation to the provisional 6. Learned counsel for the petitioners submits that the representation of the petitioners was rejected on 04.02.2025 which infact was not served the petitioners as on the time of filing of the present writ petition, could not challenge the rejection order. However, upon As such they as no opportunity was given to the petitioners either to submit an explanation or to submit the relevant documents to prove their title over the said property, learned counsel for the petitioners requested to permit the petitioners to submit their pursuance of the provisional notice dated 23.12.2024 which the petitioners on 22.01.2025. explanation in was served on 7. In view of the above stated facts and understood that the Provisional Notice dated 23.12.2024 petitioners on 22.01.2025 along with the ^nfirmation circumstances, it can be was served on the Order dated 6 % admitted fact that if at all, the Provisional Notice 30.12.2024. It is also an dated 23.12.2024 was served on the petitioners prior to the service of the petitioners ought to have got an opportunity to submit to the said Provisional Notice, But in the present case, as both 22.01.2025, the petitioner r Confirmation Order explanation the notices were could not get an opportunity to served on the same day i.e., on submit explanation to the said Provisional Notice. Therefore, instead of keeping the writ petition pending, this Court feeis opportunity to the said Provisional Notice dated 8. appropriate to dispose of the writ petition by giving to submit explanation to the period of two (2) weeks from the date of receipt of this an it petitioner 23.12.2024 within a order enclosing all the necessary documents in support of their claim to the dated 23.12.2024. On receipt of the same, the above said Provisional Order 2"*^ respondent is directed to proceed with the necessary enquiry in said Provisional Order dated 23.12.2024 by hearing pursuance of the above all the parties concerned including the petitioners and upon verification of the records and the subject own merits as expeditiously as weeks thereafter. Pending the above said enquiry, there shall not be any building, appropriate decision shall be taken on its possible preferably within a period of six (6) coercive steps. In view of the same, the Confirmation Order Notice dated 30.12.2024 is 9. set aside. 7 9. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER SE To 1. The Principal Secretary, Municipality Administration and Urban Development(MA AND UD), State of Andhra Pradesh, Secretariat, Amaravathi, Velagapudi. 2. The Commissioner, Gooty Municipality, Anantapur District, A.P. 3. The Town Planning Section, Gooty Municipality, Anantapur District, A.P. 4. One CC to Sri M. K. Viswanath Naidu, Advocate [OPUC] 5. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 6. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:11/02/2025 ORDER i? a: ] 5 MAR 2025 WP.No.3565 of 2025 Current Section DISPOSING OF THE W.P. WITHOUT COSTS