APHC010377532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 22nd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20165/2026 Between: 1. SMT.MADAPUREDDY BHAVANI., W/O.NARASIMHA MURTHY, AGED ABOUT 45 YRS, OCC. HOUSE WIFE, R/O.D.NO.20-44 VELAMPETA, WARD NO.96, SACHIVALAYAM 520, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, .REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR DIST-522237 2. THE GREATER VISAKHA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT- 530001 3. THE ZONAL COMMISSIONER, GVMC, PENDURTHI-ZONE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT-53473 4. THE ASST CITY PLANNER, GVMC, PENDURTHI-ZONE, GVMC ZONAL OFFICE, PENDURTHI, VISAKHAPATNAM-53473 5. THE WARD PLANNING SECRETARY, SACHIVALAYAM 520, VELAMPETA, PENDURTHI MANDAL, VISAKHAPATNAM DIST-53473 ...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 2 particularly one in the nature of writ of mandamus declaraing the action of the respondents in trying to the demolish the construction of petitioner under the guise of the impugned notice NO.2/2025/WPRS-520 dated 8.06.2026/8.07.2026 in connection with the construction in an extent of 184.46 Sq.mts. situated in Sy.No.153/9 (Old Sy.No.270/2R) with D.No.No.20- 44 of Velampeta, Pendurthi Mandal, Visakhapatnam in contrary to law and procedure contemplated under provisions of APMC Act 1955 and APMR and UD Act 2076 and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice and consequently direct the respondents not to interfere or demolish the construction of the petitioner in contrary to law and without following the procedure contemplated under law in the interest of justice and to 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 direct the respondents not to take any coersive steps to demolish building of the petitioner in pursuance of the impugned notice No.2/2025/WPRS-520 dated 8.06.2026/8.07.2026 in the interest of justice and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP for Village and Ward Secretariats 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order:- The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the action of respondent Nos.2 to 5, who, at the behest of certain vested interests, have initiated action for demolition of the fourth floor constructed by the petitioner. 2. Heard learned counsel for the petitioner and learned Standing Counsel for respondent municipality. 3. It is submitted that the petitioner had obtained permission for construction of stilt + ground + two upper floors. However, the petitioner has raised an additional floor with a view of regularizing under the BPS Scheme. It is further submitted that, as on date, the scheme is not in force and the petitioner's application for regularization is pending consideration. 4. It is submitted that respondent No.4 issued notice dated 18.06.2026, stating that the petitioner had not submitted any reply to the show cause notice and that the petitioner had resorted to unauthorized construction, which was required to be removed. It is further submitted that another notice was served on the petitioner on 08.07.2026. However, the said notice refers to the earlier notice and, as seen therefrom, respondent No.4 has interpolated the date of the notice. It is contended that, without issuing a proper show cause notice, the impugned proceedings have been issued. 5. The learned Standing Counsel appearing for respondent Nos.2 to 4, on receipt of written instructions, submits that the permission granted to the 4 petitioner was only for stilt + ground + two upper floors and that the petitioner has admittedly undertaken construction of an additional floor. It is submitted that, in order to stop the said unauthorized construction, notice dated 22.05.2026 was issued and that the petitioner neither submitted any explanation nor stopped the unauthorized construction. Accordingly, further steps have been taken for demolition of the unauthorized structure. 6. In reply, the learned counsel for the petitioner submits that the show cause notice was never served on the petitioner and that the respondents ought to issue a proper show cause notice and, after considering the explanation of the petitioner, proceed further in accordance with law. 7. Considering the aforesaid submissions, there shall be a direction to the respondents to issue a fresh show cause notice insofar as the unauthorized construction is concerned and take appropriate action strictly in accordance with law. It is also made clear that the petitioner shall not undertake any further construction on the unauthorized floor. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed ____________________ JUSTICE HARINATH.N 22.07.2026 RSD 5 42 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20165/2026 22.07.2026 RSD