/ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3610 OF 907^ f Between: R.Prem Kumar, S/o. Christopher, Aged about 51 R/o. D.No.3-561, Vasumathi Nilayam, Syndicate Bank Street Ramavarapadu, Vijayawada , Krishna District years. Private Employee, Colony, Ballem Vari A.P Pin code 521108. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Department of Municipal Administration and Urban Development Secretariat, Velagapudi, Amaravathi, Guntur District, A.P Andhra Pradesh. 2. Gudivada Municipality, Represented by its Municipal Commissioner, Gudivada, Krishna District. 3. Assistant City Planner, Gudivada Municipality, Gudivada District. 4. The Church of South India Trust Association, I Address @ No.5, Whites Road, Indira Garden, Tamilnadu - 600014. , Krishna Rep. by its Administrators, Royapettah, Chennai. 5. Tantepudi George Cornelious, Bishop of Krishna The Church of South India, Bishops House, - Godavari Diocese, CSI Bishops Annexe, Bishop Azariah School Compound, Labbipet, Vijayawada 6. Kate Kama! Sudhakar, S/o. Kate Nelson -520010. Raja Rao, Presbyster - in - charge - CSI - Christ Church, Near Railway Station, Gudivada, Krishna District - 521301. :v 1. Dr. Sudhakar Babu, S/o.Un-informed Secretary, CSI - Christ Church, Near Railway Station, Gudivada, Krishna District-521301. 8. Gudapati David Ratna Raju, S/o. Bala Raju, Aged about 60 years. Treasurer, CSI - Christ Church, Near Railway Station, Gudivada, Krishna District -521301. ...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 issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of Respondent No.2 in taking further steps pursuant to the Confirmation Order passed under section 228(3) of the Andhra Pradesh Municipalities Act. 1965 vide Notice NO.65/1068/GDV/UC/2023, dated 28-06-2023 issued with regard to un-authorized construction of the commercial complex being carried out Respondents 6 to 8 an extent of 748 Sq.mts of ground floor in the premises of D.No. 14/255 situated at CSI Church, Railway Station Road, Gudivada Municipality Limits as illegal, arbitrary, abdication from duties and violation of Article 14 of the Constitution of India and to consequently direct the official Respondents to demolish the same and to take necessary action against the un-official respondents 6 to 8 in accordance with law for carrying out the un-authorized and illegal construction. \A NO: 1 OF 2025 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 issue interim orders directing Respondent No.2 to make an order directing the sealing of the un-authorized construction of the commercial complex being carried out Respondents 6 to 8 an extent of 748 Sq.mts of ground floor in the premises of D.No. 14/255 situated at CSI Church, Railway Station Road, Gudivada Municipality Limits and to demolish the same in accordance with law. an Counsel for the Petitioner: SRI M. RAJEEV KUMAR Counsel for the Respondent No.1: GP MUNICIPAL ADMN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. SIREESHA RANI VALLBHANENI, SC FOR MUNC & MUNC CORPORATION Counsel for the Respondent Nos.4 to 8: The Court made the following: ORDER & URBAN 1 APHC010068202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY ,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3610/2025 Between: R Prem Kumar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.MOHANNAIR RAJEEV KUMAR Counsel for the Respondent(S): 1.GP MUNCIPALADMN AND URBAN DEVAP The Court made the following: 2 If 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 to declare the inaction of Respondent No. 2 in taking further steps pursuant to the Confirmation Order passed under section 228(3) of the Andhra Pradesh Municipalities Act. 1965 vide NO.65/1068/GDV/UC/2023, dated 28-06-2023 issued with regard to an un-authorized construction of the commercial complex being carried out Respondents 6 to 8 an extent of 748 Sq.mts of ground floor In the premises of D.No. 14/255 situated at CSI Church, Railway Station Road, Gudivada Municipality Limits as illegal, arbitrary, abdication from duties and violation of Article 14 of the Constitution of India and to consequently direct the official Respondents to demolish the same and to take necessary action against the un-official respondents 6 to 8 in accordance with law for carrying out the un-authorized and illegal construction and to pass ” Notice The petitioner herein is a member of the St. Paul Centenary Church, Babu Rajendra Prasad Road, Vijayawada which is affiliated to Church of South India Trust Association (CSITA). The petitioner, upon identifying that the respondent Nos.6 to 8 herein are unauthorizedly constructing a commercial complex in the premises of the CSI Church bearing door No. 14/255, railway station road, Gudivada without authorization from CSITA, the petitioner has submitted a complaint to respondent No.2. in the year 2022. Thereafter, the petitioner got issued notices to the said unofficial respondents, despite which the unofficial respondents continued with the said constructions. 2. Thereafter, the 2^^ respondent had issued provisional notice 3. th dated 19.06.2023 to respondent No.6, subsequent to which the 6 Vs—, 3 respondent was also issued confirmation order dated 28.06.2023. In spite of the same, the respondent Nos.6 to 8 have been constructing structures illegally in the aforementioned property. As such, the petitioner sought the status of the said construction for which the 2"^ respondent furnished information stating that there is no illegal construction in the said premises and that if there is any such construction, action would be initiated against such violators. Aggrieved by the inaction of the 2'^^ respondent in initiating further steps pursuant to the confirmation order dated 28.06.2023, the present writ petition is filed. Heard learned counsel for the petitioner and Mrs. Sireesha Rani Vallabhaneni, learned Standing Counsel for respondent Nos.2 and 3. 4. Today when the writ petition came up for hearing, learned Standing Counsel has furnished a copy of instructions received from the 2 respondent wherein it is stated that after the respondents have issued provisional and confirmation orders to respondent Nos.6 to 8 and that at present, the structure is incomplete stage with incomplete flooring, ceiling, windows and doors, it is further stated that as the respondent Nos.6 to 8 have not complied with the lawful directions of the 2"'^ respondent by removing the unauthorized construction, a charge sheet was filed against them for the offences punishable under Section 228 of ARM Act, 1965 and 114(1D), 114(2) of A.P.CRDA.Act, 2014. 5. nd In view of the fact that the respondents have already initiated further course of action pursuant to the confirmation order dated 28.06.2023 by filing a charge sheet against the unofficial respondents, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent No.2 to proceed further in pursuance of the confirmation order dated 28.06.2023 issued in favour of respondent Nos.6 to 8. ■ 6. 4 9^ 1. Accordingly, this writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. SD/-K.TATA RAG DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Department of Municipal Administration & Urban Development, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Municipal Commissioner, Gudivada Municipality, Gudivada, Krishna District. (BY RPAD) 3. The Assistant City Planner, Gudivada Municipality, Gudivada, Krishna District. 4. The Administrators, Church of South India Trust Association, Address @ No.5, Whites Road, Indira Garden, Royapettah, Chennai, Tamilnadu -600014. 5. Tantepudi George Cornelious, Bishop of Krishna - Godavari Diocese, The Church of South India, Bishops House, CSI Bishops Annexe, Bishop Azariah School Compound, Labbipet, Vijayawada - 520010. 6. Kate Kamal Sudhakar, S/o. Kate Nelson Raja Rao, Presbyster - in - charge - CSI - Christ Church, Near Railway Station, Gudivada, Krishna District-521301. 7. Dr. Sudhakar Babu, S/o.Un-informed Secretary, CSI - Christ Church, Near Railway Station, Gudivada, Krishna District-521301. If 8. Gudapati David Ratna Raju, S/o. Bala Raju, Aged about 60 years. Treasurer, CSI - Christ Church, Near Railway Station, Gudivada, Krishna District -521301. 9. One CC to Sri M.Rajeev Kumar, Advocate [OPUC] Two CCs to GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh. [OUT] One CC to M/s. Sireesha Rani Vallabhaneni, SC for MUNC & MUNC Corporation. [OPUC] Three CD Copies. 10. 11. 12. gi HIGH COURT DATED: 17/02/2025 ORDER WP.No.3610 of 2025 2 0 MAR 2025 } |l»2. ^ . Current ateciion P>h DISPOSING OF THE WRIT PETITION WITHOUT COSTS