IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT TH^ONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NO: 4279 OF 2025 Between: Kuntia Lalitha @ Lalithamma, W/o. Kuntia Chalapathi Aged about 66 years, Occ; Housewife D.No.275/A, Ashok Nagar, Housing Board Colony Anantapur, Anantapur District, Andhra Pradesh (Presently, R/o. 2548, E Block, 13‘^ Main 9th Cross, Sahakar Nagar, Bangalore - 560 092) ...PETITIONER AND 1. The State of AP, Rep. by its Principal Secretary to Government Municipal Administration and Urban Development Department, A.P Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh-522 238. 2. The State of Andhra Pradesh, Rep.by its Principal Secretly to Government Home Department, A.P Secretariat, Velagapudi Amaravati, Guntur District, Andhra Pradesh-522 238. 3. The Ananthapur Municipal Corporation, Ananthapur, Ananthapur District Andhra Pradesh, Rep.by its Commissioner. 4. The District Fire Officer, Ananthapur, Ananthapur District Andhra Pradesh. 5. The Town Planning Officer, Ananthapur Municipal Corporation Ananthapur District, Andhra Pradesh. 6. Smt. P.V Ademma, W/o. P. V. Rama Mohan Chowdaiy Aged about 76 years, Occ: Housewife, D.No. 5-75, PVC Colony, Bellary Road, Anathapur Town, Anathapur 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 3rd and 5th respondent in permitting the respondent to j|rpceed with the illegal construction in Sy No.2035, Bearing Door No.7-274, ’!:*ftourt Road, Ananthapuramu Municipal Corporation, Anathapur District, 'Andhra Pradesh, in clear deviation of Building Permit Order - 1001/0080/B/ATP/CUTROA/2023 and approved plan dated 08-06-2023, with respect to the set-backs, and in violation of Building Rules framed by the Government of Andhra Pradesh, and the action of the respondents 3 to 5, in not considering representations/objections of the petitioner including the representations dated 16-12-2024, 21-12-2024 and 10-01-2025, as arbitrary, illegal, and in violation of Building Rules framed by the Government of Andhra Pradesh, unconstitutional and in clear violation of the well settled principles of natural justice, and consequentially direct the respondents to demolish the illegal construction in Sy No.2035, Bearing Door No.7-274, Court Road, Ananthapuramu Municipal Corpor^ Anathapur District, Andhra Pradesh, by calling the entire record. * A" ^ 'V n lA NO: 1 OF 2025 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 stay all further construction activity, including installation and grant of all amenities to the construction in Sy No.2035, Bearing Door No.7- 274, Court Road, Ananthapuramu Municipal Corporation, Anathapur District, Andhra Pradesh, pending disposal of the above writ petition. lA NO: 2 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 appoint Advocate Commissioner, to conduct field survey and assessment of illegal construction in Sy No.2035, Bearing Door No.7-274, Court Road, Anantapuramu Municipal Corporation, Anantapur District, Andhra Pradesh, pending disposal of the above writ petitio^p^^" lA NO: 3 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 Direct the respondents to consider the representation s of the petitioner including the representations dated 10-01-2025 and pass orders as per law, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. LEO LAW ASSOCIATES LLP Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN DEVELOPMENT r Counsel for the Respondent Nos.2 & 4 : GP FOR HOME Counsel for the Respondent Nos.3 & 5 : SRI P. VENGAL RAO, SC FOR MUNICIPALITY Counsel for the Respondent No.6 : NONE APPEARED The Court made the following: ORDER 1 APHC010080532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY. THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4279/2025 Between; Kuntia Lalitha @ Lalithamma ...PETITIONER AND The State of AP and others ...RESPONDENT(S) Counsel for the Petitioner: 1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S): 1.GP FOR HOME 2.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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 3rd and 5th respondents In permitting the respondent to proceed with the Illegal construction In Sy.No.2035, bearing Door No.7-274, Court Road, Ananthapuramu Municipal Corporation, Anathapur District, Andhra Pradesh in clear deviation of Building Permit Order 1001/0080/B/ATP/CUTROA/2023 and approved plan dated 08.06.2023, with respect to the setbacks, and In violation of Building Rules framed by the Government of Andhra Pradesh, and the action of the respondents 3 to 5, in not considering representations/objections of the petitioner including the representations dated 16.12.2024, 21.12.2024 and 10.01.2025, as arbitrary, illegal and in violation of Building Rules framed by the Government of Andhra Pradesh, unconstitutional and In clear violation of the well settled principles of natural justice, and consequentially direct the respondents to demolish the illegal construction in Sy.No.2035, bearing Door No 7-274, Court Road, Ananthapuramu Municipal Corporation, Anathapur District, Andhra Pradesh, by calling the entire record ...." The case of the petitioner is that, he and the respondent herein are 2. having ownership disputes over ancestral properties, including property in Sy.No.2035, bearing Door No.7-274, Court Road, Ananthapuramu Municipal Corporation, Anathapur District, which is the subject property in CCCA No.109 of 2022, which is pending for consideration, wherein the Hon’ble High Court of Telangana passed interim orders on 22.12.2022, allowing the 6^'^ respondent to develop the property, but clearly stated that any construction or transactions should be in accordance with the outcome of the appeal. Despite the same, the respondent applied for building permission and obtained Building Permit Order on 08.06.2023 for construction of commercial building consisting of Cellar+GF+2 floors on the subject property, with specified setbacks. th respondent has violated the approved plan and is However, the 6 constructing the building without leaving the required setbacks, as stipulated 3 th '' in the aforesaid building permit order dated 08.06.2023. Thereafter, the 6 respondent has also created encumbrances on the subject property, without the consent of the remaining nine legal heirs, including the petitioner herein. The petitioner claims that the 6^*^ respondent obtained building permission on 08.06.2023 by suppressing material facts, and has proceeded with construction in contravention of the approved plan, deviating from the required setbacks. As such, the petitioner made several representations to the respondent authorities i.e., on 16.12.2024, 21.12.2024, and 10.01.2025, requesting to take action against the 6^*^ respondent for violating the approved plan, but no action has been taken. Hence, the petitioner filed this writ petition. Heard learned counsel for the petitioner, learned Government 3. Pleader for Municipal Administration and Urban Development for respondents No.1, learned Government Pleader for Home for respondents No.2 and 4 and Mr.P.Vengal Rao, learned Standing Counsel for respondents No.3 and 5. Today, when the matter came up for hearing, learned Standing Counsel appearing for respondents No.3 and 5 furnished a copy of 4. instructions of the Assistant City Planner, Municipal Corporation Ananthapuramu, dated 20.02.2025, wherein it is stated that, having identified the unauthorized constructions made by the unofficial respondent No.6, the respondent authorities issued a Provisional Notice on 21.11.2024. As the unofficial respondent No.6 has failed to submit any explanation to the provisional notice, the respondent authorities have 4 ^ proceeded further by issuing a Confirmation Order on 12.12.2024 and are yet to initiate further action against the unofficial respondent herein. 5. As per the said instructions, it is clear that the respondent No.3 herein, even prior to the complaint raised by the petitioner i.e. 16.12.2024, had already identified the unauthorized construction made by the unofficial respondent and issued a Provisional Notice on 21.11.2024 and subsequently issued a Confirmation Order on 12.12.2024. on In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities to proceed further in pursuance of the Confirmation Order dated 12.12.2024 as against the 6^^ respondent, by duly conducting an enquiry in accordance with law. The respondent authorities are also directed to pass appropriate orders on the representation made by the petitioner on 16.12.2024, within a period of two (2) weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. There shall be nc order as to costs. 6. 7. As a sequel, miscellaneous applications pending, if any, shall also kASIRAO stand closed. SD/-K ASSISTANT REGISTRAR ACHARI //TRUE COPY// K,SECTION OFFICER To, 1. The Principal Secretary to Government Municipal Administration and Urban Development Department, State of AP, A.P Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh-522 238. The Principal Secretly to Government Home Department, State of Andhra Pradesh, s A.P Secretariat, Velagapudi Amaravati, Guntur District, Andhra Pradesh-522 238. The Commissioner, Ananthapur Municipal Corporation, Ananthapur, Ananthapur District Andhra Pradesh. The District Fire Officer, Ananthapur, Ananthapur District Andhra Pradesh. The Town Planning Officer, Ananthapur Municipal Corporation Ananthapur District, Andhra Pradesh. One CC to M/s. LEO LAW ASSOCIATES LLP, Advocate [OPUC] Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] One CC to Sri P. Vengal Rao, SC for Municipality (OPUC) 2. 3. 4. 0. 3. 7. 3. 9. tO.Three C.D. Copies. Cnr HIGH COURT .t DATED:20/02/2025 -■t := 13 MAR 2025 ORDER C9 ^ . Current Section ^ WIP.No.4279 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS