APHC010317852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.16621 of 2026 and 36385 of 2025 W.P.No.16621 of 2026 Between: 1. DHEER CONSTRUCTIONS, REP BY ITS PROPRIETOR, DHEERAJ KUMAR BEHRA, S/O BEHRA,TRINATH, AGED ABOUT 32 YEARS, R/OD. NO. 101, YKM NAGAR COLONY, PARVATHIPURAM, VIZIANAGARAM, ANDHRA PRADESH-535501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR) DISTRICT, ANDHRA PRADESH - 522241 2. COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, TOWN URBAN DEVELOPMENT, GOVT. OF ANDHRA PRADESH, PRIME HILL CREST, 4TH FLOOR, NEAR D.G.P. OFFICE, VADDESWARAM, MANGALAGIRI, ANDHRA PRADESH-522502. 3. THE PARVATHIPURAM MUNICIPALITY, REP. BI ITS COMMISSIONER, PARVATHIPURAM MANYAM DISTRICT, A. P- 522502 4. VELAMA BABAJI RAO, S/O DHANABABU, AGED ABOUT 52 YEARS, OCC JUNIOR LECTURER, G.J. CGLLEGE, R/O D.NO 118, SOUNDARYA THEATRE ROAD, OPP. RAVIN'DRA BHARATHI SCHOOL, PARVATHIPURAM, VIZIANAGARAM DISTRICT-535501 2 5. ASSISTANT ENGINEER, ANDHRAPRADESH EASTERN POWER DISTRIBUTION COMPANY LIMITED (APEPDCL), PARVATHIPURAM- 535501 ...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 tomay be pleased to issue writ or direction or order in nature in the nature of Writ of Mandamus to adjudge and declare the impugned endorsement dated 30.04.2026 issued by the 3rd respondent in not granting building permission and further action of the 5th respondent in disconnecting electricity supply to Service Connection No. 123214A001025680 on the instructions of the 3rd respondent as illegal, arbitrary and violative of Article 19 and 21 of Constitution of India besides being contrary to the provisions of A.P. Municipalities Act, 1965 and A.P. Building Rules, 2017 and consequently set aside the endorsement dated 30.04.2026 and direct the petitioners to grant building permission and pass such 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 may be pleased to direct the 3rd respondent to consider my building application and grant building permit order and pass such IA NO: 2 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 pleased to direct the 5th respondent to restore electricity connection to Service Connection No. 123214A001025680 and pass such Counsel for the Petitioner: 1. CKR ASSOCIATES Counsel for the Respondent(S): 1. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 WRIT PETITION NO: 36385/2025 Between: 1. VELAMALA BABAJI RAO, S/O V. DHANABABU, AGED ABOUT 52 YEARS, OCC JUNIOR LECTURER, G.J. COLLEGE, R/O D.NO.118, SOUNDARYA THEATRE ROAD, OPP RAVINDRA BHARATHI SCHOOL, PARVATHIPURAM MUNICIPALITY, PARVATHIPURAM MANYAM DISTRICT - 535 501 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522241. 2. THE COMMISSIONER AND DIRECTOR, MUNICIPAL ADMINISTRATION, TOWN AND URBAN DEVELOPMENT, GOVT, OF ANDHRA PFADESH, PRIME HILLS CREST, 4THFLOOR, NEAR D.G P. OFFICE, VDDDESWARARH, MANAGALAGIRI, ANDHRA PRADESH-522211 3. THE PARVATHIPURAM MUNICIPALITY, REP. BY ITS GOMMISSIONER, PARVATHIPURAM MANYAM DISTRICT, ANDHRA PRADESH - 522 502 4. DEHARA DEERA PROPRIETOR, DEERAJ CONSTRUCTIONS PARVATHIPURAM MUNICIPALITY, PARVATHIPURAM MANYAM DISTRICT 535501 5. GANTA RAMAKRISHNA, S/O LATE APPALA SWAMY, AGED ABOUT 45 YEARS, OCC BUSINESS, DLNO.7-1 8/4/1, CHANDRU NILAYAMR PRASANTHI NAGAR, PENDURTHI (V) AND (M) VISAKHAPATNAM DISTRICT - 531173. 6. BELAGAM JAYA PRAKASH NARAYANA, S/O LATE RAMASHANKARA RAO, AGED ABOUT 45 YEARS, OCC DOCUMENT WRITER PARVATBIPURAM MUNICIPALITY, PARVATHIPURAM MANYAM DISTRICT - 535 501 ...RESPONDENT(S): 4 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 topleased to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the respondent Nos.1 to 3 for not taking any action to protect the public property from encroachment of the unofficial Respondent Nos.4 to 6 and not taking any action against illegal construction, is illegal, arbitrary and violation of A.P. Municipalities Act, 1956 and rules there in and violative of Articles 14, 19, 21 and consequently direct the Respondent Nos. 1 to 3 to take action against the unofficial respondent Nos.4 to 6 for making illegal construction at Ward No.22, Sowndarya Theatre road, Parvathipuram Municipality, Parvahtipuram Manyam District and pass IA NO: 1 OF 2025 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 pleased to direct the Respondent Nos.1 to 3 to consider the representation of the petitioners dt.11.09.2025 and to take action against the unofficial respondent Nos.4 to 6 for making illegal construction at Ward No.22, Sowndarya Theatre road, Parvathipuram Municipality, Parvahtipuram Manyam District forthwith pending disposal of the Writ Petition and pass 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 May be pleased to Vacate the interim order dated 31.12.2025 passed in WP.No. 36385 of 2025 and Dismiss the writ petition and Pass IA NO: 2 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 may be pleased to vacate the interim order granted on 31.12.2025 in I.A. No. 1 of 2025 in W.P. No. 36385 of 2025, with exemplary costs, and pass Counsel for the Petitioner: 1. BONU RAMA SHANKAR RAO 5 Counsel for the Respondent(S): 1. CKR ASSOCIATES 2. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 3. GP MUNCIPAL ADMN AND URBAN DEV AP 6 The Court made the following Common Order: W.P. No. 16621 of 2026 is filed challenging the impugned notice dated 30.04.2026, which was issued by referring to W.P. No. 36385 of 2025. It is submitted that the 4th respondent herein had filed the said writ petition alleging encroachment by the petitioner herein, who is arrayed as respondent No. 4 in the said writ petition. 2. It is further submitted that the official respondents conducted a survey and, pursuant thereto, the Tahsildar, Parvathipuram, issued a survey report dated 02.04.2026, wherein the allegation of encroachment by the petitioner was found to be unfounded. It is also submitted that the petitioner has applied for grant of building permission, and the said application is pending consideration. 3. The respondent No. 4 in W.P. No. 36385 of 2025 is the petitioner in the present writ petition, i.e., W.P. No. 16621 of 2026. A vacate stay petition has also been filed by respondent Nos. 4 to 6 in W.P. No. 36385 of 2025. 4. The building permit application of the petitioner in W.P. No. 16621 of 2026 shall be considered by the respondent Municipality, and appropriate orders shall be passed, subject to the petitioner complying with all the requirements for grant of such permission. 5. Considering the survey report placed before this Court and taking into account the fact that the petitioner in W.P. No. 16621 of 2026 has not 7 encroached upon any Government land, including the public road, W.P. No. 36385 of 2025 is liable to be closed. The concerned respondent in W.P. No. 16621 of 2026 is directed to consider the petitioner's application for grant of building permission, as stated above. 6. It is submitted that the 5th respondent herein has disconnected the electricity supply due to the pendency of the writ petitions. Hence, the 5th respondent herein is directed to consider restoration of the electricity service connection, subject to the petitioner clearing the outstanding dues, if any. 7. With the above observations and directions, both the Writ Petitions are disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any, pending in these writ petitions shall stand closed. ____________________ JUSTICE HARINATH.N 7th July, 2026 cbn 8 125 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION Nos.16621 of 2026 and 36385 of 2025 7th July, 2026 cbn