Date of reserved for orders : NIL Date of pronouncement :16.07.2026 Date of uploading : 2 APHC010414212025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 16 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21164 Between: 1. VEDULAPURAPU VENKATESWAR RAO,, S/O. VEDULAPURAPU SYDAIAH AGED ABOUT 64 YEARS, R/O. 5 NAGAR VANASTHALIPURAM, HAYATHNAGAR, RAN DISTRICT TELANGANA 2. VEDULAPURAPU RAHUL DEV RAGHURAM,, S/O. VENKATESWAR RAO AGED ABOUT 35 YEARS, R/O. 5 NAGAR VANASTHALIPURAM, HAYATHNAGAR, RANGAREDDY DISTRICT TELANGANA 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE GUNTUR MUNICIPAL CORPORATION, REP. BY IT'S MUNICIPAL COMMISSIO 3. POTHURI MANJULA W/O SIVA PRASAD, AGED 51 YEARS, OCC HOUSEWIFE R/O. FLAT. NO.201, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT 4. RAVIPUDI NEELIMA W/O RAMANJANEYULU, YEARS, OCC HOUSEWIFE, R/O. FLAT. NO.202, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, 1 NIL 16.07.2026 23.07.2026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21164 of 2025 VEDULAPURAPU VENKATESWAR RAO,, S/O. VEDULAPURAPU SYDAIAH AGED ABOUT 64 YEARS, R/O. 5-5-325/262, PRASHANTH NAGAR VANASTHALIPURAM, HAYATHNAGAR, RANGAREDDY DISTRICT TELANGANA - 500070 VEDULAPURAPU RAHUL DEV RAGHURAM,, S/O. VENKATESWAR RAO AGED ABOUT 35 YEARS, R/O. 5-5-325/262, PRASHANTH NAGAR VANASTHALIPURAM, HAYATHNAGAR, RANGAREDDY DISTRICT TELANGANA - 500070 ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE GUNTUR MUNICIPAL CORPORATION, REP. BY IT'S MUNICIPAL COMMISSIONER, GUNTUR POTHURI MANJULA W/O SIVA PRASAD, AGED 51 YEARS, OCC HOUSEWIFE R/O. FLAT. NO.201, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006. RAVIPUDI NEELIMA W/O RAMANJANEYULU, AGED 50 YEARS, YEARS, OCC HOUSEWIFE, R/O. FLAT. NO.202, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, IN THE HIGH COURT OF ANDHRA PRADESH [3457] VEDULAPURAPU VENKATESWAR RAO,, S/O. VEDULAPURAPU 325/262, PRASHANTH GAREDDY VEDULAPURAPU RAHUL DEV RAGHURAM,, S/O. VENKATESWAR 325/262, PRASHANTH NAGAR VANASTHALIPURAM, HAYATHNAGAR, RANGAREDDY ...PETITIONER(S) STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT BUILDINGS, THE GUNTUR MUNICIPAL CORPORATION, REP. BY IT'S POTHURI MANJULA W/O SIVA PRASAD, AGED 51 YEARS, OCC HOUSEWIFE R/O. FLAT. NO.201, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, AGED 50 YEARS, YEARS, OCC HOUSEWIFE, R/O. FLAT. NO.202, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, 2 TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006. 5. MANJULA HYMAVATHI W/O VENKATESWARLU, AGED 59 YEARS, OCC HOUSEWIFE, R/O. FLAT. NO. 301, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006. 6. PULAGAM SUVARNA W/O RAMESH BABU, AGED 47 YEARS, OCC HOUSEWIFE, R/O. FLAT. NO. 302, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006 7. MOVVA DINESH KUMAR S/O MURALI KRISHNA, AGED 34 YEARS, OCC BUSINESS, R/O. FLAT. NO. 40, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006. 8. TUPAKULA SRINIVASA RAO S/O GURAVAIAH, AGED 44 YEARS, OCC BUSINESS, R/O FLAT NO.102, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR,TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT - 522 006. RR 3 TO 8 ARE IMPLEADED AS PER THE COURT'S ORDER DT.27.10.2025 IN I.A.NO.02 OF 2025. ...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 to issue writ. order, direction, more particularly in the nature of writ of mandamus declaring the action of respondent no.2 in issuing the notice vide notice no. 001/105/1021/GMC/UC/2025 dated. 29-07-2025 U/S. 452(1) and 461(1) of APMC Act, 1955 thereby directing to stop further construction of RCC structure on the top floor existing in an extent of 11.84 sq.m situated at D.No. 7-4-161/1, T.S.NO. 244 A/3, srikrishna devaraya nagar, Guntur and proceeding to demolish the said RCC structure without receiving the petitioner's reply dated 04-08-2025 as illegal, arbitrary, unconstitutional and in violation of principles natural justice, article 14, 21, 300-A of Indian Constitution and consequently to set aside the provisional order vide notice no. 001/105/1021/GMC/UC/2025 dated. 29-07-2025 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 to direct the respondent no.2 to not to take any coercive steps against the petitioner building/RCC Structure situated at D.No. 7-4-161/1, T.S.NO. 244 A/3 srikrishna devaraya nagar, Guntur , pursuant to notice no. 3 001/105/1021/GMC/UC/2025 dated. 29-07-2025 U/S. 452(1) and 461(1) of . APMC Act, 1955 pending disposal of the above writ petition IA NO: 2 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 to implead the petitioners herein or proposed Respondent Nos.3 to 8 herein as party Respondent Nos.3 to 8 in W.P.No.21164 of 2025 and the miscellaneous applications therein and pass IA NO: 3 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 to dispense with the filing of the certified copy of the order dated.24-11-2025 before this hon’ble court and pass IA NO: 4 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 to modify the order dated. 24-11-2025 by directing the respondent no.2 to maintain status quo w.r.t the subject property situated at D.No. 7-4-161/1, T.S. No. 244 A/3, Sri Krishnadevaraya Nagar, Guntur, until disposal of the application vide; no. BPS2025/GNT/GNT/3/000034 dated. 18-11-2025 and pass Counsel for the Petitioner(S): 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. OMKAR D 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21164 of 2025 ORDER:- The present Writ Petition is filed challenging the action of the Respondent No.2 in issuing the Notice, dated 29.07.2025 under Section 452(1) and 461(1) of Andhra Pradesh Municipal Corporations Act, 1955. 2. Learned counsel appearing for the Petitioners submits that the Respondent No.2 has directed the Petitioners to stop further construction of RCC structures on the top floor. The Respondents are trying to demolish the structures without issuing any notice by ignoring the reply submitted by the Petitioners. 3. This Court initially granted status quo, vide order, dated 07.08.2025. Thereafter, the order was vacated on 24.11.2025. The impleaded Respondents have informed the Court that the Petitioners are trying to offered to sell unauthorized pent house to prospective buyers. On considering the submissions, this Court has vacated the interim order and left it open for the Respondent No.2 to take proper action for restoring the terrace area, which is a common area and that all the flat owners have equal rights therein. 4. Today when the matter is taken up for hearing, learned Standing Counsel for the Respondent No.2 has placed on record the written instructions as received. It is submitted that the subject building and construction has been regularized, vide proceedings, dated 03.02.2026. It is also stated in the instructions that the Petitioner had sold 39 Sq.yds undivided, unspecified 5 share in the total site area of 352 sq.yds to the 8 flat owners and he retained 40 Sq.yds of undivided, unspecified share in the total land. As such, Respondent No.2 has observed that terrace is not a common area and that pent house is eligible for regularization. 5. Learned counsel for impleaded Respondents submits that the finding of the Respondent No.2 is contrary to law and as per Section 3(d)(II) of the A.P. Apartments (Permission of Construction and Wwnership) Act and Rules, 1987, the terrace is a common area and that landlord or any flat owner cannot have exclusive right over the same. 6. Be that as it may, it is left open for the impleaded Respondents to take appropriate steps by challenging the subsequent proceedings of regularization. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Date: 16.07.2026 KK Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑