APHC010092992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4867/2025 Between: Heerapuram Fayaz Basha ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. B SESIBUSHAN RAO Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.4867 of 2025 O R DE R: This Writ Petition is filed seeking to declare the notice dated 18.02.2025 issued by Respondent No.2in taking up Appeal No. 1 of 2025 as an Appellate Authority as illegal and contrary to Section 345 of the A.P. Municipalities Act, 1965and A.P. Municipalities (Receipts and Disposal of Appeals) Rules,1965 (for short ‘the Act’ and ‘the Rules’) and consequently to set aside the notice dated 18.02.2025. 2. The facts leading to the filing of the writ petition are as follows: The Petitioner claims to be the owner and possessor of residential plot No.555-1 bearing Door No.11/244 of Tadipathri Town and Mandal. The said property, as a vacant land, was purchased by the Petitioner and his wife vide registered sale deed bearing No.7114/2015 and 7115/ 2015 dated 30.11.2015 for consideration. Before execution of the sale deeds, the Tadipathri Municipality proposed to construct public toilets in the said site and requested the vendors of the Petitioner to give the same land in lieu of open site of Ac.0.11 cents. The 2nd respondent- 3 Tadipathri Municipality is said to have given consent for open site admeasuring Ac.0.05 cents in Sy.No.804 of Tadipathri Village and the Government of Andhra Pradesh had issued orders vide G.O.Ms.No.303 M.A&U.D dated 02.06.1993. However, no sale deed was executed in favour of the vendors of the Petitioner nor the Municipality used the land of the vendors. 3. It was in that context, the Petitioner had purchased the property. A suit in O.S.No.69 of 2018 was filed by the Petitioner seeking to restrain the Respondent No.2-Tadipathri Municipality and his staff from interfering with the Petitioner's property and an order of status quo was granted. Subsequently, the Respondetn No.2-Tadipathri Municipality passed Resolution No.786 dated 14.02.2020 and requested the Government to revoke the G.O.Ms.No.303 dated 02.06.1994, referred supra as the land proposed for public toilets was not utilised. Consequently, Government issued G.O.Rt.No.148 dated 06.03.2023 revoking G.O.Ms.No.303. Thereafter, the Petitioner issued building permission vide B.A.No.1007/0250/B/TMC/BAN/2021 dated 10.12.2021 and the building is in construction. While so, Respondent No.2 issued notice vide L.R.No.223/2025-G1 calling upon the Petitioner to furnish certain details. At that stage, the 4 Petitioner filed W.P.No.17218 of 2025 to restrain the staff of Respondent No.2- Tadipathri Municipality from interfering with the possession. 4. Thereafter, a provisional notice was issued by Respondent No.2- Tadipathri Municipality and even though the Petitioner submitted his explanation, confirmation orders were passed vide R.C.No.86/2024/G1 dated 21.01.2025. In the interregnum, the Petitioner applied for electrical service and the Respondent No.2- Tadipathri Municipality addressed letter vide ROC.No.160/2025/G1 requesting the Executive Engineer, Electricity Department, not to sanction Electricity Service Meter as stop work order was passed vide letter dated 10.10.2025. The Petitioner had again filed W.P.No.24322 of 2024 before this Court and the same was disposed of setting aside this stop work order. Thereafter, pursuant to the orders of this Court, the Petitioner passed the above mentioned confirmation orders on 21.01.2025. Aggrieved thereby, the Petitioner filed appeal under Section 345 of the Act and the Rules before Respondent No.3 i.e. Municipal Council of Thadipatri. The appeal was registered as Appeal No. 1 of 2025. While so, a notice was issued by Respondent No.2- Tadipathri Municipality calling upon the Petitioner to appear 5 before him on 04.02.2025 for consideration of the appeal. It was in that context, the writ petition is filed. 5. Heard Sri B.Sesi Bushan Rao, learned counsel for the Petitioner and learned Standing counsel for Municipality. 6. The learned counsel for the Petitioner submitted that the original Authority i.e. Commissioner, Thadipatri Municipality had issued impugned notice and the said Authority should not act both as Original as well as Appellate Authority. 7. The learned standing counsel for Respondent No.2- Tadipathri Municipality passed on signed instructions, wherein it is stated that the Petitioner was making constructions contrary to the sanctioned plan and had laid additional floor. It was further mentioned that the Respondent No.2 had issued summons to the Petitioner to appear in his office on 04.02.2025 to explain his claim for final disposal of appeal under Section 348 of the Act, so as to enable Respondent No.2- Tadipathri Municipality to prepare the factual report and place the matter before the Council as required under Section 345 of the Act. It is further stated that after completion of enquiry regarding appeal, Respondent No.2- Tadipathri Municipality referred the appeal to the Municipal 6 Council and that the Municipal Council will take decision in the matter. 8. The manner in which the explanation offered by the Commissioner does not exactly show the distinction between the Original Authority and Appellate Authority and it would be in the fitness of things, if the Commissioner Tadipathri Municipality is not involved in any manner in the appeal filed by the Petitioner, which is necessary to maintain apparent neutrality. 9. In that view, the writ petition is disposed of directing the Commissioner Tadipathri Municipality not to involve in any manner whatsoever in the consideration of Appeal No.1 of 2025, pending before the Municipal Council, Tadipathri. No order as to costs. As a sequel, pending applications, if any, shall stand closed. ___________________ NYAPATHY VIJAY, J Date: 04.04.2025 KLP