APHC010098292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5427/2025 Between: Chilimunthala Musalayya and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. SOMA RAJU YELISETTI 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.5427 of 2025 O R D E R:- This writ petition is filed to declare the action of Respondent Nos.2 and 3 in interfering with the construction being made by the Petitioners pursuant to the building permission No.1172/0057/B/BHM/CHRM/2024 dated 17.10.2024. 2. Petitioners claim to be owners and possessors of land to an extent of Ac.0.13.5 cents in R.S.No.109/4 to 8 having purchased vide registered sale deed Document Nos.1728/2006, 453/1985. 3511/1988. Initially, they have obtained building permission from 3rd respondent to raise stilt + Ground + one building vide proceedings in BLR No.14/2022-211 dated 13.04.2022. As the Petitioners intend to construct building with G+four floors, they have filed an application dated 15.07.2024 before the 2nd respondent and the same was sanctioned vide permit No.1172/0057/B/BHM/CHMRM/2024 dated 17.10.2024. Even though, the Petitioners are constructing the building in accordance with the building plan as approved, the persons on 3 behalf of Respondent Nos.2 and 3 were interfering with the construction. Hence, the writ petition was filed. 3. Learned standing counsel for Respondent No.3 submits that in view of G.O.Ms.No.5 Municipal Administration and Urban Development (M) Department, dated 11.01.2025, Respondent No.3 is authorized to initiate action for violation of any building plans. He further submits that as per the instructions furnished to him, certain deviations were noticed in the setbacks to be provided by the Petitioners and a provisional notice will be issued to the Petitioners shortly. 4. Considering the said submission of the Respondent No.3, this Court is of the opinion that the writ petition could be disposed of directing the Respondent No.3 not to interfere with the construction of the Petitioners till the issuance of proposed provisional notice specifying the deviations. This order will not come in the way of Respondent No.3 in issuing appropriate directions in exercise of power conferred pursuant to G.O.Ms.No.5 Municipal Administration and Urban Development (M) Department, dated 11.01.2025. No order as to costs. 4 As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 06.03.2025 KLP