APHC010004122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 510 OF 2026 Between: 1. SHAIK FAZILA, W/o Shaik Muzahid, Aged about 33 years, Occ Housewife, R/o D.No.12-1-252, 12-1-254 and 12-1-254/1, Savaraala Street, Chinna Bazaar, Nellore 524001. 2. Shaik Farida,, W/o Shaik Muzafer, Aged 32 years, Occ Housewife, R/o D.No.12-1-252, 12-1-254 and 12-1-254/1, Savaraala Street, Chinna Bazaar, Nellore 524001. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, A.P. Secretariat, Velagapudi 522238, Amaravati, Guntur District. 2. The Nellore Municipal Corporation, Rep. by its Commissioner, Nellore 524003, SPSR Nellore District 3. The Town Planning Officer, Nellore Municipal Corporation, Nellore, 524003, SPSR Nellore District. ...Respondents Counsel for the Petitioners: SASANKA BHUVANAGIRI Counsel for the Respondents: GP FOR MUNCIPAL ADMN URBAN DEV 2 The Court made the following ORAL ORDER: Heard Sri Sasanka Bhuvanagiri, learned Counsel for the Writ Petitioners and Sri B. Vijaya Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Municipal Corporations. 2. The facts in the present case are to the effect that the Respondent No.2 has granted Building Permission vide Proceeding dated 20.06.2023 (Ex.P.3) for the residential structure comprising of Stilt + Ground Floor + 2 Upper Floors in response to the Application submitted by the Writ Petitioners. As the construction was in progress, the Town Planning Officer issued Provisional Order (Notice No:- 1/1031/NLR/UC/2024 dated 30.07.2024) (Ex.P.1) directing the Writ Petitioners to stop construction and show cause against the removal/demolition due to alleged deviations. It is stated in the Notice that there are deviations in terms of setback shortfalls and also with regard to the construction of extra floor. 3. The Writ Petitioners have submitted the written Explanation on 03.08.2024 (Ex.P.2). It is submitted that, without giving any personal hearing, the Respondent No.2 has passed the Confirmation Order on 08.08.2024, thereby affirming the deviations. 4. The present Writ Petitioners have approached this Court by filing W.P.No.18083 of 2024 challenging the Proceedings of the Town Planning Officer bearing Notice No.1/1031/NLR/UC/2024. This Court has disposed of W.P.No.18083 of 2024 dated 20.08.2024 directing the Writ Petitioners to submit the fresh explanation within two weeks, thereby directing the Respondents to enquire the matter and also provide hearing to the Writ Petitioners, within eight weeks. This Court has directed that in the meantime, no coercive steps shall be initiated. However, this Court has also directed that the Writ Petitioners shall not undertake any further construction (Ex.P.4) during the interregnum. 3 5. In compliance with the Order of this Court dated 20.08.2024 in W.P.No.18083 of 2024, Respondent No.2 had passed a Speaking Order dated 05.07.2025 (Ex.P.5) confirming the deviations, extra floor and road encroachment and had further directed for removal of the unauthorized 15 portions within 15 days. This Order dated 05.07.2025 was challenged by the Writ Petitioners in W.P.No.18230 of 2025. This Court vide Order dated 22.07.2025 in W.P.No.18230 of 2025 had declined to interfere with the Order dated 05.07.2025 and disposed of the same by grating time upto 22.08.2025. 6. While so, before the unauthorized structure was pull-down by the Writ Petitioners, the Government of Andhra Pradesh has issued the G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT (M) DEPARTMENT, dated 12.11.2025 (Ex.P.7) for regularizing the unauthorized constructions in the State of Andhra Pradesh. 7. It is the contention of the learned Counsel for the Writ Petitioners that despite the Order of this Court dated 22.07.2025 granting time upto 22.08.2025 for voluntarily bringing down the structure, in view of the fact that the Government has issued the G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT (M) DEPARTMENT, dated 12.11.2025 for regularizing the unauthorized structures, the case of the Writ Petitioners should be considered by the Respondents in terms of the G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT (M) DEPARTMENT, dated 12.11.2025. 8. Having considered the above facts, this Court finds it reasonable in the request of the Writ Petitioners as reasonable that their case should also be considered by the Respondent No.2 in the light of the G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT (M) DEPARTMENT, dated 12.11.2025. If the terms and conditions set-out in G.O.Ms.No.225 dated 12.11.2025 would apply to the Writ Petitioners, this Court finds no reason as to why such benefit should not be extended to the Writ Petitioners. At this stage, it is submitted by Sri Sasanka Bhuvanagiri that 4 the Writ Petitioners have duly submitted an Application for availing the benefit of G.O.Ms.No.225 dated 12.11.2025 and the same is pending for consideration. 9. In the above premise, this Court deems it appropriate to dispose of this Writ Petition with a direction to the Respondent No.2 to consider the case of the Writ Petitioners, strictly in terms of G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPEMNT (M) DEPARTMENT, dated 12.11.2025 (Ex.P.7) and pass a Speaking Order in accordance with law, within a period of eight weeks and communicate a copy of such Order to the Writ Petitioners forthwith. It is also clarified that Sub-rule (i) of Rule-6 of Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2025 would not apply to the case of the Writ Petitioners, inasmuch as the PIL filed against the Writ Petitioners has already been disposed of with certain directions to consider the Representation of the PIL Petitioners and to take suitable action in accordance with law. There shall be a direction to the Respondent No.2 not to initiate any coercive steps for a period of four weeks from the date of communication of the Speaking Order that would be passed by Respondent No.2 in terms of the present directions. It is clarified that there shall not be any liability against the Respondent No.2 insofar as the portions of the building which have already been voluntarily demolished by the Writ Petitioners. 10. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Writ Petitioners are directed to submit a Certified Copy of this Order to the competent authority within two weeks from today for effective compliance. 5 11. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 22.01.2026 JKS 6 151 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 510 OF 2026 22.01.2026 JKS