1 APHC010066742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3966/2025 Between: Virothi Thirupathi Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. GAYATHRI MAHAYAJULA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the respondents Nos.2 to 5 in permitting respondents 6 to 8 for the construction of stilt floor plus ground floor plus 4 upper floors in Sy.no.51/2C situated at Mindi area, Ramnagar village, Ward-68, Gajuwaka, Visakhapatnam in an extent of total extent of 874 sq.yrds or 730.77 sq.mtrswithout having any building permit which is illegal, arbitrary, and contrary to the provisions of G.H.M.C. Act, 1955 and set aside the same and to pass…...” 2. It is the case of the petitioner herein that the he has given a complaint to respondent Nos.2 and 4 on 20.01.2025 vide No.VSP202501203624 requesting to stop the unauthorized constructions being made by the unofficial respondents in Sy.No.51/2C situated at Mindi area, Ramnagar village, ward No.68, Gajuwaka, Visakhapatnam in an extent of 874 square yards as they have not obtained building permission from the respondent authorities. In reply to the said complaint on 05.02.2025, the 4th respondent vide endorsement dated 03.02.2025 has stated that the 8th respondent herein has applied for permission for construction of S=+G+4 floors vide B.A.No.1086/0991/B/Z6/MD1/2024 and that the present status of the file is under shortfall condition, as such, a stop work order was issued to the owner of the building and the construction work has been stopped. It is further stated that the respondent authorities would initiate further action as per rules in force. 3 3. The grievance of the petitioner is that though the 4th respondent has issued endorsement dated 03.02.2025 stating that further action would be initiated against the unofficial respondents herein as per rules, till date, no action has been initiated by the respondent authorities to stop the unauthorized constructions being made by respondent Nos.6 to 8 in the subject land. Hence the present writ petition is filed. 4. Heard learned counsel for the petitioner and learned counsel appearing for the respondents. 5. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the respondent No.3 herein dated 14.02.2025, wherein it is stated that the respondents have issued an online building plan vide BA.no.1086/0991/B/Z6/MDI/2024, dated 31.12.2024 towards the 8th respondent herein, however, they have subsequently found a shortfall on 21.01.2025 in post-verification. Thereafter, as the 8th respondent herein has addressed the shortfalls, the same was approved in post-verification dated 05.02.2025. It is further stated that the structure in question is completely authorized, as such, requested this Court to dismiss the writ petition. 6. On a perusal of the material available on record, it can be understood that though certain shortfalls were identified initially on the part of the unofficial respondents, thereafter, on 05.02.2025, the unofficial respondents have rectified the said short falls and the same were also 4 approved by the respondent authorities. In view of the fact that the respondents have approved the plan of the unofficial respondents for construction of a building in Sy.No.51/2C situated at Mindi area, Ramnagar village, ward No.68, Gajuwaka, Visakhapatnam admeasuring to a total extent of 874 square yards, this Court is of the opinion that the writ petition is devoid of merits and is liable to be dismissed. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 18.02.2025 Gss