IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Origina|.Ji]rjsdiction) FRIDAY. THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12327 OF 2015 Between T/ Madhusudan Reddy, S/o T Narsi Reddy Aged 42 yrs Occ; Private Employee R/o H No.2/22, Muddanur Road Jammalamadugu YSR Kadapa District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal, Secretary, Municipal / Administration & Urban Development Dept Andhra Pradesh Secretariat Buildings, At Hyderabad Z Jammalamadugu Nagar Panchayat Rep. by its. Commissioner, Jammalamadugu, YSR Kadapa District. 3. T Krishna Mohan Reddy, S/o T.C.Ramakrishna Reddy Aged about 52 yrs Occ: Pvt employee R/o H No.2/23, Muddanur Road Jammalamadugu YSR Kadapa District. 4. T Nagashilpa, W/o late T. Janardhan Reddy Aged about 35 yrs Occ: Housewife R/o H No.2/23, Muddanur Road Jammalamadugu YSR Kadapa 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 may be pleased to issue a Writ, order or direction, more particularly one in the nature of a writ of "Mandamus" declaring the inaction on the part of thd Respondent No.2 in not taking any steps to stop the unauthorized construction made by ^^respondents 3 & 4 in deviation of the permission granted by the 2nd respondent for construction of building vide building permissions Nos.61/2010, 6212010 & 63/2010 dated 16.06.2010, for construction of three separate residential houses consisting of Stilt + Ground + 1st floors in (i) Sy No.428/1 A/A/A/1 B and backside of the houses bearing door Nos.2/23 and 2/24; (ii) Door No.2/23, & 2/24 and (iii) Door Nos. 2/25 & 2/26 situated at Muddanur Road, Jammalamadugu Nagar Panchayat, YSR Kadapa District, as illegal, arbitrary and in gross violation of principles of natural justice, violative of Articles 14 and 21 of the Constitution of India apart from being contrary to the provisions of A.P. Municipalities Act, 1965 and Rules made thereunder and consequently direct the Respondents No.2 to remove all such illegal constructions made by the Respondents No.3 & 4 in the above property. I.A. NO: 1 OF 2015fWPMP. NO: 16239 OF 2015) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to proceed with further construction of pursuant to the permission granted by the 2nd respondent for construction of buildings vide building permissions Nos.61/2010, 62/2010 & 63/2010 dated 16.06.2010, for construction of three separate residential houses consisting of Stilt + Ground + 1st floor in (i) Sy No.428/1 A/A/A/1 B and backside of the houses bearing door Nos.2/23 and 2/24; (ii) Door No.2/23, & 2/24 and (iii) Door Nos. 2/25 & 2/26 situated at Muddanur Road, Jammalamadugu Nagar Panchayat, YSR Kadapa District, pending final disposal of the above Writ Petition. lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant leave to 2nd respondent in the W.P.No. 12327 of 2015 to file the counter in the writ petition. Counsel for the PetitionerSRI V RAMAKRISHNA REDDY Counsel for the Respondents: K A NARASIMHAM Counsel for the Respondent No.1: GP-MUNCIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondents No.3,4: SRI K A NARASIMHAM The Court made the following: ORDER 1 APHC010068662015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0SS m [3333] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12327/2ni.s Between: T. Madhusudan Reddy ...PETITIONER AND The State of Andhra Pradesh Rep. by its Principal Secretary, Municipal Administration & Urban Development Department and 3 others Counsel for the Petitioner: 1.V RAMAKRISHNA REDDY Counsel for the Respondent(S): 1.KA NARASIMHAM 2.GP-MUNCIPAL ADMN AND URBAN DEV(AP) 3.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 4.N RANGA REDDY (SC MC RSEEMA SPSR NLR) The Court made the following: ...RESPONDENT(S) 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....fo issue a Writ, order or direction, more particulariy one in the nature of a writ of Mandamus declaring the inaction on the part of the Respondent No. 2 in not taking any steps to stop the unauthorized construction made by respondents No. 3 and 4 in deviation of the permission granted by respondent No.2 for construction of building vide building permissions Nos.61/2010, 6212010 and 63/2010 dated 16.06.2010 for construction of three separate residential houses consisting of Stilt + Ground + 1 Sy.No.428/1/\//\//V1B and backside of the houses bearing door Nos. 2/23 and 2/24; (ii) Door No. 2/23 and 2/24 and (Hi) Door Nos. 2/25 and 2/26 situated at Muddanur Road, Jammalamadugu Nagar Panchayat, VSR Kadapa District, as illegal, arbitrary and in gross violation of principles of natural justice, violative of Articles 14 and 21 of the Constitution of India apart from being contrary to the provisions of A.P. Municipalities Act, 1965 and Rules made thereunder and consequently direct the Respondent No. 2 to remove all such illegal constructions made by the Respondents No. 3 and 4 in the above property....” St floors In 2. Heard learned counsel for the petitioner and learned Government Pleader for Municipal Administration and Urban Development for respondent No.1 and learned Standing Counsel for respondent No.2. 3. When the matter came up for hearing on 08.06.2015, this Court passed the following interim order: ....the 2"“^ respondent is directed to act upon the complaint given by the petitioner on 29.01.2015 and to take appropriate action as warranted by law within a period of two weeks. ” 4. Today, when the matter came up for hearing, learned Standing Counsel for respondent No.2 furnished a copy of instructions of the Commissioner, Nagar Panchayat, Jammalamadugu, wherein it is stated that the unofficial respondent No.3 was granted building permission with B.A.Nos.61/2010, 3 dated 16.06.2010. After obtaining approval of the building 62/2010, 63/2010, respondent No.3 started construction by deviating the approval plan and issued vide U.C.Nos.1/2015 dated 25.01.2015. After plan. then notices were of the provisional order notice, respondent No.3 failed to submit any Confirmation Order Notice also issued on issuance explanation. Subsequently, a 02.03.2015, as per Section 228(1) and (2) of APM Act 1965. On 22.05.2015, the Government of Andhra Pradesh issued G.O.Ms.No.128 dated 22.05.2015, for regulation and penalization of buildings constructed unauthorizedly and in deviation of the sanctioned plan rules. In view of the above, respondent No.3 24.06.2015 with application submitted the BPS application on No.BPS/JAl\/l/W2/0475415 to regularize the deviated building. Thereafter, the regularized vide proceedings BPS/JAM/W2/0475415, dated building was 10.08.2017. of the above instructions, and since the deviation made by respondent No.3 was regularized vide proceedings dated 10.08.2017, this Court is of the opinion that no further cause survives in this writ petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. 5. In view sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. As a Sd/- A. ViJAYA BABU assistant registrar /" //TRUE COPY// SECTION OFFICER To, / i OneCCto SRI. V. RAMAKRISHNA REDDY, Advocate [OPUC] * >' 2. One CC to SRI. K. A. NARASIMHAM, Advocate [OPUC] 3. Two CCs to GP-MUNCIPAL ADMN AND URBAN DEVELOPMENT, High Court of Andhra Pradesh. [OUT] 4., One CC to SRI. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS , AP) Advocate [OPUC] 5, One CC to SRI. N. RANGA REDDY. Advocate [OPUC] 6./Three C.D.Copies nm HIGH COURT PATED:03/01/2025 ORDER WP.No.12327 of 2015 18 FEB 2023 | . Curient Section ^<^»FATCV!SS<^ CLOSING THE WP WITHOUT COSTS