IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5511 OF 2025 Between: Jammapet Mukthar Ahmed, S/o J. Ata Mohammed, Aged about 49 years, R/OD.No.1/541/21C, 4*'' Class Employee Colony, Revenue Ward No.1, Adoni, Kurnool District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. The Adoni Municipality, Rep. by its Commissioner, Adoni, Kurnool District. The Town Planning Officer, Adoni Municipality, Adoni, Kurnool District. The A.P. State Waqf Board, Rep. by its Chief Executive Officer, 4 Floor, Imdadghar, Opp Kaleswara Rao Market, Vijayawada, N.T.R. District. 1. 2. 3. th 4. ...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 WRIT OF MANDAMUS declaring the Stop Work Order dt. 11-02-2025 under Letter No.SWO/1015/2024/0085 and Confirmation Order dt.20-02-2025 under Notice No.5/1015/AND/UC/2025 issued by the 3 Respondent in respect of Building Permit Order dt.26-09-2024 vide Permit NO.1015/0166/B/AMC/NGOC/2024 for the proposed construction in an rd extent of 100.83 Sq.yards, situated in D.No.1/541/21C, Survey No.259/A of NGOs Colony, Adoni, Kurnool District, is illegal, arbitrary, unjust, without following due process of law, contrary to the provisions of A.P; Municipalities Act, 1965 and MR AND UDA Act, 2016 and consequently SET ASIDE the Stop Work Order dt.11-02-2025 under Letter No.SWO/1015/2024/0085 and Confirmation Order dt.20-02-2025 under Notice NO.5/1015/AND/UC/2 025 issued by the 3'^^ Respondent by allowing me to continue the construction in accordance with the approved Building dt.26-09-2024, NO.1015/0166/B/AMC/NGOC/2024 in the Petitioners property for an extent of 100.83 Sq.yards, situated in D.No.1/541/21C, Survey No.259/A of NGOs Colony, Adoni, Kurnool District. Permit Order vide Permit lA NO: 1 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 suspend the operation of the Confirmation Order dt.20-02-2025 under Notice N0.5/1015/AND/UC/2025 and Stop Work Order dt. 11-02- 2025 under Letter No.SWO/1015/2024/0085 in respect of Building Permit Order dt.26-09-2024, vide Permit No.1015/0166/B/AMC/NGOC/2024 for the proposed construction in an extent of 100.83 Sq.yards, situated in D.No.1/541/21C, Survey NO.259/A of NGO’s Colony, Adoni, Kurnool District. Counsel for the Petitioner: SRI A. SYAM SUNDAR REDDY Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3: M/s. V. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES Counsel for the Respondent No.4: SRI MULLA SOHAIL SHAREEF, SC FOR A.P. STATE WAQF BOARD The Court made the following: ORDER APHC010104942025 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: 5511/2025 Between: ...PETITIONER Jammapet Mukthar Ahmed AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1 .GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.5511 of 2025 ORDER: The present Writ Petition is filed questioning the Confirmation Order dated 20.02.2025 issued by the Respondent No.2 vide Notice No.5/1015/AND/UC/2025. 2. Heard Sri A. Syam Sundar Reddy, learned counsel for the Petitioner, and Sri Mulla Sohail Shareef, learned Standing Counsel appearing for the Respondent No.4. The Petitioner was given building permission vide 3. permit No.1015/0166/B/AMC/NGOC/2024, dated 26.09.2024, for construction of a house in an extent of 100.83 situated in D.N0.1/541/21C, Survey No.259/A of Adoni Municipality. The Provisional Order was issued on 05.02.2025 stating that the construction being made by the Petitioner in not in consonance \ with the approved plan. The respondent No.2 also issued another show cause notice on 11.02.2025 calling upon the Petitioner to show cause as to why building permission should not be cancelled. The Petitioner claims to have submitted his explanation on 12.02.2025 through his counsel, wherein the measurements 3 adopted by the Municipal Authorities prior to the issuance of Provisional Notice were not correctly done and the deviations stated are aiso not correct. However, Respondent No.2 passed the impugned Notice on the premise that the Petitioner has not submitted any reply to the Show Cause Notice. 4. Considering that as the Petitioner claims to have submitted the reply to the Show Cause Notice through his counsel on 12.02.2025, which is filed along with the Writ Petition, this Court is of the opinion that the present Writ Petition can be allowed by setting aside the impugned Order and directing the Respondent No.2 to consider the explanation offered by the Petitioner and pass appropriate Orders thereon within a period of two weeks thereafter. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh,Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 3. The Town Planning Officer, Adoni Municipality, Adoni, Kurnool District. 4. The Chief Executive Officer, A.P. State Waqf Board, 4 th Floor, Imdadghar, Opp Kaleswara Rao Market, Vijayawada, N.T.R. District. 5. One CC to Sri A. Syam Sundar Reddy, Advocate [OPUC] 6. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 7. One CC to Sri Mulla Sohail Shareef, SC for A.P. State Waqf Board[OPUC] 8. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 9. Three CD Copies. ssb HIGH COURT DATED:06/03/2025 ORDER « 13 mar 2025 Current Secuon WP.No.5511 of 2025 ALLOWING THE W.P. WITHOUT COSTS