IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5739 OF 2025 Between; Mogal Noorulla, S/o. Mogal Hussain Baig Aged about 52 ^ , Businees, R/o. D.No.9/421, Rayachoti raod, Kadiri, Sri Satya Sai District. ...PETITIONER years, Occ: AND 1. The State of Andhra Pradesh rep. by its Principal Secretary MA & UD Department Secretariat, Velgapudi, Guntur District. 2. The Kadari Municipality, rep.by its Commissioner, Kadiri District. Sri Satya Said ...RESPONDENTS Petition under Article 226 of the Constitution of India that in the circumstances stated' is filed praying in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particuiariy in the nature of Writ of Mandamus declaring the Respondents herein particularly Respondent No.2 in trying to demolish the Building i.e, Permise/D.No. 14/225-10-A1 one action of the Near Anjaneya Swamy Temple Anantapur road. Revenue ward No.1 Kadiri, Sri Satya Said District inspite N0.B.A.N0.219/2010/GI, of approved building permission vide Permit dated.06.09.2010 without following the procedure illegal, arbitrary. Unconstitutional and violative of Articles14 under law as wholly is and 300-A of contemplated under consequently to direct the 2nd Constitution of India and also contrary to the procedure the AP Municipalities Act, 1965 and Respondent not to demolish/interfere of the Petitioners Permise/D.No. 14/225-10-A1. Near Anjaneya Swamy Temple, Anantapur road, Revenue ward No.1, Kadiri, Sri Satya Said District. lA NO: 1 OF 2Q2fi Building i.e. Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent not to demolish/interfere of the petitioners building i.e., Permise//D.No. 14/225-10-A1, Near Anjaneya Swamy Temple, Anantapur road. Revenue ward No.1, Kadiri, Sri Satya Said District pending disposal of the above writ petition. Counsel for the Petitioner: SRI SHAIK MEERAVALI Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER APHC010109992025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY .THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5739/2025 Between: ...PETITIONER Mogal Noorulla AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. SHAIK MEERAVALI Counsel for the Respondent(S): 1. GPMUNCIPALADMN AND URBAN DEVAP The Court made the following: HON’BLE SRI JUSTICE NYAPAtHY VIJAY W.P.No.5739 of 2025 Q R D E R:- This writ petition is filed questioning the action of respondent demolish the building bearing D.No. 14/225-10- No.2 in seeking to Anjaneya Swamy temple, Anantapur Road Revenue Ward No.1, Kadiri, Sri Satya Sal District even though the Petitioner had A1 near building permission vide permit No.B.A.No.219/2010/G1 dated 06.09.2010. 2. The Petitioner claims to be the absolute owner of 324 square Sydapuram, Kadiri under registered vide Document No.703 dated yards covered by Sy.No.205/1A situated in Municipality having purchased the same agreement cum-GPA deed 27.01.2011. The Petitioner was granted building permission vide permit referred above and had made construction in with the said plan. As the Respondent-authorities threatened to demolish the structure without issuing any prior building accordance notice, this writ petition is filed. counsel placed instructions submitted by the 2^^ Respondent-Commissioner, Kadiri Municipality in which it is stated 3. Standing L ft' 2 south-side, the Petitioner had constructed the building to an extent of 350 that on field verification, on encroached and feet towards NH 42 and on the East side, 2 y2 feet Municipal Land was encroached by the Petitioner. As Municipal Water Pipe square line is under the encroached part of the said building, supply and of water supply to the colonies of Sydapuram and YSR Nagar is becoming difficult due to which 4700 houses will get maintenance affected. The allegation of the Petitioner that there was threat for denied and it was stated that no Municipal Authorities visited the Petitioner’s building on 28.02.2025 for taking action on the building. 4. demolition was note of the written instructions submitted, the writ petition is disposed of leaving it open to the Respondents to initiate action if so, advised in accordance with the procedure prescribed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. 5. Taking Sd/- K. SRINIVASA RAJU assistant REGISTRAR "r^fo^CER //TRUE COPY// SEC To, 1. The Principal Secretary, MA & UD Department Secretariat, Velgapudi, Guntur District. 2. The Commissioner, Kadari Municipality, Kadiri, Sri Satya Said District. 3. One CC to Sri Shaik Meeravali, Advocate [OPUC] Muncipal Admn and Urban Dev, High Court of 4. Two CCs to GP for Andhra Pradesh. [OUT] 5. Three CD Copies TF HIGH COURT DATED: 11/03/2025 ORDER s 02 APR 2025 ? WP.No.5739 of 2025 . Current Section . DISPOSING OF THE W.P., WITHOUT COSTS