APHC010473142026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25759 OF 2026 Between: 1. SBM CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, MOHAMMAD RAFI, S/O. KAMAL SAB, AGED ABOUT 40 YEARS, OCC. BUSINESS, R/O. 6-5-631, SRINAGAR COLONY, SBM PARK VIEW HEIGHTS, ANANTAPUR-515002, ANANTAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. ANANTHAPURAMU MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER. ANANTHAPURAMU -515671., ANANTAPUR DISTRICT. 3. THE ANANTHAPURAMUHINDUPUR URBAN DEVELOPMENT AUTHORITY AHUDA, REP. BY V VICE CHAIRMAN ANANTHAPURAMU DISTRICT, ANDHRA PRADESH 515001 ...RESPONDENT(S): Counsel for the Petitioner: 1. P RAJESH BABU Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR MUNCIPAL ADMN URBAN DEV 2 The Court made the following order: Heard Sri P.Rajesh Babu learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department and Sri Potham Vengala Reddy, learned Standing Counsel for Municipal Corporation appearing for respondent No.2. 2. The grievance of the petitioner in the instant Writ Petition is against the action of the respondents in issuing impugned notice dated 05.09.2026 to remove the unauthorized constructions in parking area of the Apartment Building by name M/s. SBM Park View Heights, D.No.6-5-631, Srinagar Colony, Anantapuramu. 3. It is contended that the petitioner constructed the subject building consisting of 65 flats, i.e., Cellar + Stilt + Ground Floor + 4 Upper Floors, in the year 2016, and the construction was completed on 12.04.2016. The petitioner made an application for regularization and paid the requisite regularization fee in respect of all the 65 flats. 4. The 3rd respondent issued the proceedings dated 20.01.2020, regularizing the subject building, including the relevant portion of the stilt area. It is contended that the petitioner had also constructed a small additional portion at the time of construction of the main building for office purpose. Now, the respondents issued a show-cause notice in respect of the said additional portion. 3 5. It is submitted that the said small portion had already been sold to the purchaser in the year 2020. However, the impugned proceedings were issued against the petitioner/developer, directing him to remove the alleged unauthorized construction within seven (7) days. 6. Learned counsel for the petitioner submits that the said proceedings were issued without following the procedure prescribed under the provisions of law and without affording an opportunity to the petitioner to submit his objections before the competent authority. 7. Having regard to the contentions advanced, this Court is of the view that, in the interest of justice, the petitioner is at liberty to file his objections to the impugned proceedings within a period of two (2) weeks from the date of receipt of a copy of this order. Upon filing such objections, the 2nd respondent is directed to consider the same and pass appropriate orders on the objections filed by the petitioner, in accordance with law, after affording due opportunity of hearing to the petitioner. 8. Till such orders are passed, the 2nd respondent is directed not to demolish the subject structure/construction forming part of the building. 9. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, pending miscellaneous applications, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 16.09.2026 BSK 4 100 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25759 OF 2026 Date: 16.09.2026 BSK