IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5440 OF 2025 Between: 1. Monica Solanki, W/o. Vikas Solaki aged 39 years, Residing at Door No. 11-39-7, Katuri Vari Street, Vijayawada, N.T.R. District. 2. Meenakumari Jain, W/o. Vinod Kumar Jain, Aged 44 years residing at Door No. 11-11-5, Valluri Vari Street, Vijayawada, N.T.R. District. 3. Hardik V Jain, S/o. Vinod Kumar Jain, Aged 21 years, residing at Door No. 11-11-5, Valluri Vari Street, Vijayawada, N.T.R. District. ...PETITIONERS AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary MA and UD Department, A.P. Secretariat Buildings Velagapudi Amaravati, Guntur District. 2. Vijayawada Municipal Corporation, Represented by its Commissioner, Canal Road, Krishnalakha, Vijayawada, NTR District 520001. 3. The Assistant City Planner, I Town Area, Vijayawada Municipal Corpoation, Canal Road, Krishnalakha, Vijayawada, NTR District 520001. ...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 an Writ Order direction, more particularly a Writ in the nature of Mandamus to declare the action of the 2"'^ respondent in not considering the representations submitted by the petitioners dated 22-02- 2025, 01-02-2025, 02-01-2025 and 15-11-2024 seeking revalidation of building plans which are still pending without passing any orders, as illegal, arbitrary and consequently to direct the respondents not to interfere with the structures situated at T.S.No. 205, 206, 210 with corresponding Door Nos. 9-64-16, 9-63-47 and 9-63-17 respectively situated at Hameed Street, Sayyed Gulab Veedhi and Islam Peta, I Town Area, Vijayawada, without following due process of law. 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 direct the respondents not to interfere with the structures situated at T.S.No. 205, 206, 210 with corresponding Door Nos. 9-63-47 and 9-63-17 respectively situated at Hameed Street, Sayyed Gulab Veedhi and Islam Peta, I Town Area, Vijayawada, without following due process of law pending disposal of the above writ petition. 9-64-16, Counsel for the Petitioners : SRI N. RANGA REDDY Counsel for the Respondent No.1 : GP FOR MUNCIPAL ADMN AND URBAN Counsel for the Respondent Nos.2 & 3 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY DEVEVELOPMENT The Court made the following: ORDER w 9- APHC010102962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5440/2025 Between: Monica Solanki and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.N RANGA REDDY Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: ...RESPONDENT(S) r THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO.5440 of 2025 ORDER: The present Writ Petition is filed to declare the action of the Respondent No.2 in not considering the representations submitted by the Petitioners dated 22.02.2025. 01.02.2025, 02.01.2025 and 15.11.2024 seeking revalidation of building plans, as illegal, arbitrary and to pass such other orders. 1. 2. The brief facts of the case are as follows:- The Petitioner Nos.2 and 3 are claimed to be the absolute owners of the property of an extent of 160 square yards situated at N.T.S.Nos.205, 206 & 210 with corresponding Door Nos.9-64-16, 9-63-47 & 9-63-17 respectively situated at Hameed Street, Sayyed Gulab Veedhi and Islam Peta, I Town Area, Vijayawada, N.T.R. District, having purchased the same under a registered Sale Deed vide document No.8949 of 2019, dated 29.07.2019. The Petitioner No.1 had also purchased the adjacent extent of 166.55 square yards in the above mentioned address under a registered Sale Deed vide document No.9662 of 2019, dated 29.07.2019. The Petitioner Nos.2 & 3 had applied for building permission to the Vijayawada Municipal Corporation for construction of Stilt, Ground + 2 Upper Floors and the same was permitted vide Permit No.1073/1684/BA/MC/ONE/2019, dated 05.03.2020. Similarly, the Petitioner No.1 also applied for a similar building permission and the same was accorded vide Permit No.1073/1686/B/VMS/ONE/2019, dated 06.12.2019. 3. 2 -A As the Petitioner Nos.1 to 3 belonged to one family, they constructed an attached building. While so, the building could not be completed due to Covid-19 Pandemic and the Petitioners were advised to apply for revalidation of the building plan. Accordingly, the Petitioners applied for revalidation of the building plan and paid amounts of Rs. 13,333/- vide Cheque Nos.479515 & 008824 respectively with a request to permit to revalidate the building plans and further permit them to attend the finishing works and construction of water tank, lift room as per the original building plan approval. 4. Though the Petitioners filed an application dated 02.01.2025 seeking revalidation of their building plans, no specific orders were passed thereon by the Respondent Municipality. As the Respondent authorities are interfering with the finishing works and constructions, which are being made in accordance with the building permission that was granted to the Petitioners, the present Writ Petition is filed. 5. 6. Heard M/s. N. Ranga Reddy, learned counsel for the Petitioners and the learned Standing Counsel appearing for the Respondent- Corporation. The learned Standing Counsel for the Respondent-Corporation does not dispute the grant of original building permission and the application seeking for revalidation of the building plan made by the Petitioners. 7. In that context, this Court is of the opinion that the Writ Petition can be disposed of directing the Respondent authorities to consider the application made by the Petitioner for revalidation of the building plan on 02.01.2025, as narrated above, within a period of six (6) weeks from today. Till such time, the Respondent authorities shall not interfere with the constructions made by the Petitioners as long as they are in 8. yf 3 r- with the original approved building plan. There shall be order as to costs. As a sequel, pending applications, if any, shall stand closed. no consonance Sd/- N. NAGAMIVIA ASSISTANTxREGISTR^ SEClllSrbFFiCER //TRUE COPY// To. 1. The Principal Secretary, MA and UD Department, State of Andhra Pradesh, A.P. Secretariat Buildings Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Vijayawada Municipal Corporation, Canal Road, Krishnalakha, Vijayawada, NTR District 520001. 3. The Assistant City Planner, I Town Area, Vijayawada Municipal Corporation, Canal Road, Krishnalakha, Vijayawada, NTR District 520001. 4. One CC to Sri N. Ranga Reddy, Advocate [OPUC] 5. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh. [OUT] 6. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 7. Three C.D. Copies. Cnr HIGH COURT DATED:04/03/2025 ORDER WP.No.5440 of 2025 ?i5f andha% EP * 1 1 MAR % C:. . Curreiii oncuon . ^ DISPOSING OF THE W.P. WITHOUT COSTS