1 APHC010429462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE 17th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23340/2026 Between: 1. DURBESULA HUSSAIN, S/O. MEERASAHEB, AGED 65 YEARS, D.NO.3-1-291/9, URMILA NAGAR, VIDYADHARAPURAM, VIJAYAWADA-520012, MOBILE NO. 8801323768. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT ROOM NO.140, GROUND FLOOR, 2ND BLOCK, A.P. SECRETARIAT OFFICE, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE 522237. 2. THE COMMISSIONER AND DIRECTOR OF MUNCIPAL ADMINISTRATION CDMA AND URBAN DEVELOPMENT DEPARTMENT, APCRD PROJECT OFFICE, 4TH FLOOR, RAYAPUDI POST, TULLURU MANDAL, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE 522237. 3. THE COLLECTOR NTR DISTRICT, NEAR THE P.W.D GROUNDS IN VIJAYAWADA, ANDHRA PRADESH, PINCODE 520002 4. THE VIJAYAWADA MUNCIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER CANAL ROAD, VINAYAKA SWAMY TEMPLE, ONE TOWN, VIJAYAWADA, NTR DISTRICT, PIN CODE 520001. 5. THE TOWN PLANNING OFFICE CIRCLEI, OPPOSITE FIRE STATION, 2 CHITTI NAGAR, VIJAYAWADA, PIN CODE 520001. 6. THE DIRECTORATE FOR TOWN AND COUNTRY PLANNING, 6TH FLOOR, APCRDA PROJECT OFFICE RAYAPUDI, AMARAVATI, PIN CODE 522237. 7. THE STATION HOUSE OFFICER, BHAVANIPURAM POLICE STATION, BHAVANIPURAM, VIJAYAWADA, PIN CODE 520012. 8. MAHAMMAD KALASHA MALINI, W/O. MOHAMMAD IRFAN AHMED, D.NO.3-1-294/12A, VIDYADHARAPURAM, REVENUE WARD 33 VIJAYAWADA, PIN CODE-520012. ...RESPONDENT(S): 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 toissue writ order or Direction more particularly one in the nature of writ of mandamus to declaring the action of the 1 st to 6th respondents are not taking any action against the illegal construction and diverting drainage system made by the 8th respondent bearing H.No. 3-1-294/12A UrmilaNagar, Situated at Ramrajya Nagar, Nearest Urmila Nagar, Vidyadharapuram, Vijayawada, Pin Code 520012. in violating the sanctioned approval plan B.A.No.1073/1546/BNMCNID/2025for Stilt Ground plus 2 Floors (S plus G plus 2 Floors) as illegal orbitarary and contrary to the provisions of the A.P. Municipalities Act, and consequently direct , the 4th respondent to take action against the illegal construction made by the respondent No.8, D.No.3- 1-219A/1, Ramraju Nagar, Near Urmila S Nagar, Vidyadharapuram, Vijayawada, Muncipality in violating the sanctioned approval plan B.A.No.1073/1546/BNMCNID/2025 for Stilt Ground plus 2 Floors (S plus G plus 2 Floors), Pending disposal of the main Writ petition 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 direct the 1st respondent to 7th respondent to take action against the illegal construction made by the respondent No.8 violating the rules and regulations of the Municipality Act and stop the construction as per approved plan B.A.No.1073/1546/BNMCNID/2025 for Stilt Ground+ 2 Floors (S+G+2 Floors) Counsel for the Petitioner: 3 1. JAYANTI S C SEKHAR Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. GP FOR REVENUE 4. S.V.S.S.SIVARAM SC For VMC The Court made the following: 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23340/2026 ORDER:- Heard M/s. Jayanti S. C. Sekhar, learned counsel for the petitioner, the learned Government Pleader for Revenue, appearing for respondent No.3, and learned Standing Counsel appearing for respondent No.4 Municipal Corporation. 2. The grievance of the petitioner in the instant Writ Petition is against the action of the respondents in not taking any action against the alleged unauthorized construction by the 8th respondent and diversion of the drainage system in respect of the premises bearing H.No.3-1-294/12A, Urmilanagar, situated at Ramrajya Nagar, near Urmila Nagar, Vidyadharapuram, Vijayawada. 3. The petitioner contends that the petitioner's house is situated just behind the 8th respondent's proposed construction. It is further contended that the unofficial respondent commenced construction after obtaining permission from the Municipal authorities for Stilt + Ground + 2 Floors (S+G+2 Floors), but undertook the construction without leaving the required setbacks and in deviation from the sanctioned building plan, thereby affecting the petitioner's drainage system. Learned counsel for the petitioner contends that the construction is illegal and violates the sanctioned building plan. 5 4. When the matter has been taken up for consideration, The learned Standing Counsel for Respondent No.4 has placed before the Court a copy of the proceedings dated 18.07.2026 issued under Section 452(1) & 461(1) of the APMC Act, 1955. A perusal of the same would reflect that the 8th respondent had deviated from the sanctioned plan and availed excess built-up area by occupying the required setbacks. Accordingly, a notice was issued to the unofficial respondent calling upon him to submit his explanation within seven days from the date of receipt of the notice, failing which appropriate action would be taken in accordance with law for removal of the unauthorized and deviated construction. In response to the said show-cause notice, the unofficial respondent submitted his objections, however, the same were rejected vide proceedings dated 27-08-2026 confirming the provisional order issued under Section 452(1) & 461 (1) of APMC Act, 1955. The 8th respondent was accordingly directed to remove the deviations and unauthorized construction and bring the construction into conformity with the sanctioned plan within seven days from the date of receipt of the notice. 5. In the light of the aforementioned proceedings of the Corporation, issued under Section 452(1) (2) & 461 (1) (2) of APMC Act, 1955, this Court is of the view that the respondent authorities have initiated appropriate action in accordance with law, and the grievance of the petitioner stands addressed, and no further adjudication in the instant Writ Petition is considered necessary, warranting issuance of Mandamus to the respondents for their 6 alleged inaction as averred by the petitioner. It is needless to observe that respondent No.4 Corporation shall take necessary steps, in accordance with law, for removal of the deviations mentioned in the provisional notice. 6. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated:17-09-2026 MVK 7 230 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 23340 of 2026 Date:17.09.2026 MVK