Extracted from the PDF above. The PDF is authoritative.
APHC010406402026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 21820 OF 2026 Between:
1. Smt. K. Radha, W/o Sri K. Arjun Naidu, Aged 45 years, Occ House Wife, Rio D.No.8-385 and 8-386 Sy. No.133/5, Gandla Street, Kothapeta, Srikalahasthi, . Tirupati District-517644 ...Petitioner AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District-522241. 2. The Commissioner and Director of Town Planning, Municipal Administration and Urban Development Department, Pime Hills Crest, 4th floor, Near DGP Office, Vaddeswaram, Mangalagiri, Guntur District-522301. 3. The Srikalahasthi Municipality, Rep. by its Commissioner, Srikalahasthi, Presently at Tirupati District, Formerly Chittoor District -517644. 4. A Balaji, S/o A. Nagaraju Chetty, Aged about 51 years, R/o D.No.8/353, Kothapeta, Srikalahasti, Tirupati District -517644. ...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
2
pleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing notice/order vide ROC No.553/2026/GI, Dt.15/07/2026 without giving prior provisional order and confirmation directly issued directions for removal as illegal arbitrary, violation of natural justice and contrary to the provisions of A.P. Municipalities Act, 1965, Articles 14,19, 21 300-A and consequently set aside the notice/order vide ROC No.553/2026/GI, Dt.15/07/202 IA NO: 1 OF 2026 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 stay of all further proceedings in impugned notice/order vide ROC No.553/2026/GI, Dt.15/07/2026 issued by the 3rd respondent pending disposal of the above writ petition Counsel for the Petitioner: BONU RAMA SHANKAR RAO Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following Order:
Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development and learned Standing Counsel for the respondents/Municipality. 2. Challenging the proceedings dated 15-07-2026, the instant Writ Petition is filed. 3.
It is contended that vide the proceedings dated 15-07-2026, the petitioner was given an opportunity to remove the deviation within seven days, failing which, the Srikalahasti Municipality would remove the
3
deviated construction under Section 405 of the Andhra Pradesh Municipalities Act, 1965 (for short, ‘the Act’). Challenging the said notice, the petitioner has filed the Writ Petition on 03-08-2026. 4. When the matter has been taken up for consideration today, the learned Standing Counsel for the respondent No.3/Municipality has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that pursuant to the directions of this Court in the earlier Writ Petition in W.P.No.9859 of 2024, the impugned notice dated 15-07-2026 was issued and accordingly after waiting for seven days as mentioned in the said notice, the respondent No.3/Municipality completed the removal/pulling down the deviated construction on 03-08-2026, in accordance with the provisions of Section 228 of the Act. In the said regard, it is contended by the learned Standing Counsel for the respondent No.3/Municipality that there is no illegality in passing the impugned order. 5. Having regard to the same, this Court is of the view that, the relief sought by the petitioner is not sustainable as the impugned notice pursuant to the directions of this Court in W.P.No.9859 of 2024 and the said order passed in the Writ Petition has become final. 6. In view of the foregoing, the Writ Petition is dismissed. There shall be no order as to costs. 4
As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 09-09-2026 MSI
5
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 21820 OF 2026
Dated: 09-09-2026 MSI