APHC010314142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16679 OF 2026 Between: 1. MITTA CHANDRA VINOD KUMAR REDDY, S/O M. KESAVA REDDY, AGED ABOUT 39 YEARS, OCC DOCTOR, R/O 1765-1, ISKON CITY, D.NO. 25-9-269, Z.P COLONY, 5TH CROSS ROAD, DARGAMITTA, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. (522238) 2. THE NELLORE URBAN DEVELOPMENT AUTHORITY NUDA, REPRESENTED BY ITS CHAIRMAN, NELLORE, SPSR NELLORE DISTRICT. (524004) 3. THE NELLORE MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, NELLORE, SPSR NELLORE DISTRICT. (524003) 4. THE TOWN PLANNING OFFICER, O/O NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT. (524003) 5. THE DIRECTOR OF TOWN AND COUNTRY PLANNING, BLOCK NO.4, APCRDA PROJECT OFFICE, RAYAPUDI, AMARAVATHI, GUNTUR DISTRICT. (522237) ...RESPONDENT(S): 2 Counsel for the Petitioner: Suresh Kumar Reddy Kalava Counsel for the Respondent(S): GP for Muncipal Admn Urban Dev The Court made the following order: The grievance of the petitioner is non-issuance of the Occupancy Certificate in respect of the property constructed over Plot Nos.17 and 24 in Sy.No.1777, Z.P. Colony, 5th Cross Road, Dargamitta, Nellore. 2. The petitioner had obtained the requisite permission from the 3rd respondent for construction of a residential complex consisting of Stilt + Ground + 4 Floors. It is submitted that the petitioner constructed the said building in accordance with the sanctioned plan. However, the 3rd respondent has not issued the Occupancy Certificate, referring to the intersection of the canal with the petitioner’s plots in Sy.No.685/3. The petitioner submitted the drawings and requisite documents, along with a detailed survey report duly certified by the Town Surveyor of the 3rd respondent. 3. This Court, vide order dated 25.06.2026, directed respondent Nos.2 to 5 to depute a competent team of surveyors to conduct a survey. The petitioner was also directed to furnish copies of the title documents along with the linked documents and a copy of the survey report, if available, to enable the authorities to conduct a proper survey and pass appropriate orders. The respondents were also directed to submit a copy of the survey report before this Court. 4. Today, when the matter is taken up for hearing, learned Standing Counsel appearing for respondent Nos.3 & 4 has placed before the Court a 3 copy of the written instructions dated 08.09.2026 received from the City Planner, Nellore Municipal Corporation whereby it is stated that the Superintending Engineer concerned, the Executive Engineer, Nellore Central Division, Nellore, and the Assistant Executive Engineer, M.J. Section, Nellore, had physically inspected the subject site, examined the existing field conditions, and reviewed the available historical command-area and irrigation records. Based on the said inspection and examination of records, it was observed that the specific channel segment underlying the subject structure is presently abandoned and is not functioning as an irrigation channel, that the historical ayacut previously served by the said watercourse is no longer in existence, and that no agricultural or irrigation activity is presently dependent upon the said channel segment. 5. As seen from the instructions, the subject property of the petitioner does not come in the way of the Light Irrigation Canal or obstruct the public drainage arrangements. It is also evident from the findings that the surrounding area of the subject property is well developed. These findings have to be considered by the 3rd respondent while disposing of the representation submitted by the petitioner seeking issuance of the Occupancy Certificate. 6. The findings submitted by the Government authorities categorically indicate that the objections raised by the 3rd respondent have been adequately addressed. 4 7. In view of the above considerations, the Writ Petition stands disposed of, directing the 3rd respondent to consider the findings in the report submitted by the Government authorities and issue the Occupancy Certificate, subject to the construction being in accordance with the sanctioned plan, within a period of six weeks from the date of receipt of a copy of this order. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Dated: 10.09.2026 BSK 5 124 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16679 OF 2026 Dated: 10.09.2026 BSK