1 APHC010345132026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18354/2026 Between: 1. RAJESH KOTA,, S/O. SURESH KUMAR KOTA, AGED 42 YEARS,R/O. D.NO. 54-16-1/27A F-5, SRI RAMS VARUN ENCLAVE, VETERINARY COLONY ROAD NO.1, GUNADALA, VIJAYAWADA,KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238. 2. THE VIJAYAWADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VIJAYAWADA, KRISHNA DISTRICT. 520001. 3. THE TOWN PLANNING SUPERVISOR, VIJAYAWADA MUNICIPAL CORPORATION, KRISHNA DISTRICT. 520001. ...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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing proceedings in RC. No. BO-IX/WS-21/UC- 1/2026, dated. 24-06-2026 under section 460(4) R/W Section 636 of A.P. Municipal Corporations Act-1955 together with the notices dated 01.06.2026 and 09.06.2026 issued by the 3rd respondent under the provisions of Section 452(1) of MC Act, 1955, without any authority and in attempting to demolish 2 the structures i.e., temporarily constructed in the premises as illegal, arbitrary, violative of the principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India, contrary to the provisions of the Andhra Pradesh Municipal Corporations Act, 1955 and the A.P. Building Rules, 2017, and consequently set aside the same, 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 pleased to suspend the operation and implementation of the proceedings in Rc. No. BO-IX/WS-21/UC-1/2026 dated 24.06.2026 issued by the 2nd Respondent, together with the consequential notices dated 01.06.2026 and 09.06.2026 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 pleased to direct the respondents not to take any coercive steps, including demolition, dispossession or interference with the petitioner's peaceful possession and enjoyment of the schedule property, pending disposal of the Writ Petition, and pass Counsel for the Petitioner: 1. D TARAKA PRASAD Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. S.V.S.S.SIVARAM SC For VMC 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18354 of 2026 ORDER: When the matter is taken up for hearing, there was no representation for the petitioner. 2. The present writ petition is filed challenging the proposed action of respondent Nos. 2 and 3 in trying to demolish the small utility room measuring 4' feet × 4' feet on the terrace pursuant to the impugned notice dated 24.06.2026. It is submitted in the affidavit that the petitioner has constructed a utility room measuring 4' feet × 4' feet in one corner of the terrace and that the entire terrace is for the use of the apartment members. It is further submitted that respondent No. 2 issued the impugned notice dated 24.06.2026, wherein the said construction was categorized as an unauthorized penthouse existing over the stilt, ground floor and four upper floors. 3. The learned Standing Counsel for respondent Nos. 2 and 3, on receipt of written instructions, submits that the petitioner had constructed an unauthorized penthouse and that the same was demolished on 18.07.2026. The photographs showing the demolition of the unauthorized penthouse on the petitioner's floor are also placed before this Court. 4. Considering the above, no further orders are required to be passed in the present writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. 4 Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:20.7.2026 RSD Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 37 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18354 of 2026 Date: 20.07.2026 RSD