Extracted from the PDF above. The PDF is authoritative.
APHC010384202026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT PETITION NO: 20713 of 2026 Bench Sr.No:- 3 [3506]
Shaik Sherfuddin ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s)
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CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 28th July 2026 Present: Advocate for Petitioner:
GOUSIA PYARI Advocate for Respondent:
GP FOR PANCHAYAT RAJ RURAL DEV
ORDER:
Present Writ Petition is filed under Article 226 of Constitution of India seeking following relief:
“to issue a an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in issuing the impugned orders dated 13 07 2026 and 22 06 2026 alleging unauthorized construction and threatening coercive and demolition action despite my detailed explanation dated 11 07 2026 and in the absence of new or unauthorized construction as arbitrary illegal violative of the principles of natural justice and Articles 14 191g and 300A of the Constitution of India and consequently direct the respondents not to interfere with my peaceful possession and enjoyment of the subject property or demolish the temporary sheet roofed shed erected solely for the purpose of earning my livelihood except by following due process of Law and pass such other or orders as this Hon’ble Court deems fit and proper in the circumstances of the case”.
2. Heard Smt. Gousia Pyari, learned counsel for the petitioner; learned Government Pleader for Panchayat Raj
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appearing for the 1st respondent; Smt. S. Pranathi, learned Standing Counsel for APCRDA, assisted by Sri A. Ram Dheeraj, learned counsel, appearing for the respondents 2 & 3; Sri Y. Koteswara Rao, learned Standing Counsel appearing for the 4th respondent.
3. The present Writ Petition is filed questioning the confirmation order, dated 13.07.2026, issued under Sub-Sections (1), (2) & (3) of Section 115 r/w Sections 108, 109, 110 of the Andhra Pradesh Capital Region Development Authority Act, 2014, [for short “the Act, 2014”], preceded by provisional order, dated 22.06.2026, to be illegal and arbitrary.
4. The petitioner stated to have purchased an extent of 197.11 square yards, in R.S.No.88, vide Plot No.8, Ambapuram Village & Grama Panchayathi, Vijayawada Rural Mandal, NTR District, through registered sale deed bearing Doc.No.7831/2025, dated 26.12.2025. Petitioner’s vendor had already made an application seeking regularization of the plot under LRS scheme and the same is stated to be pending. The respondents, however, issued notice, dated 22.06.2026, calling upon petitioner to remove the unauthorized constructions over the subject property. Later, final confirmation order came to be passed on 13.07.2026.
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5.
Learned counsel for petitioner states that petitioner had submitted explanation on 11.07.2026, in pursuance to the provisional order, however, without considering the same, the impugned confirmation order came to be passed.
6. Sri A. Ram Dheeraj, learned counsel appearing for the respondents contend that mere making application for regularization in terms of Layout Regulation Scheme (LRS) would not entitle petitioner to seek protection of the illegal constructions made over the subject property and that the petitioner would not possess the building permission as required under the Section 108 of aforesaid Act, 2014.
7.
Learned counsel for petitioner submits that it would suffice to dispose of the Writ Petition with a direction to the respondents to consider the explanation, dated 11.07.2026, before proceeding further.
8. In view of aforesaid submissions, with the consent of both the learned counsels, the Writ Petition stands disposed of at the admission stage, the confirmation order, dated 13.07.2026, passed by the 2nd respondent is hereby set aside. The respondents are
directed to consider the representation/objections, dated 11.07.2026 and pass appropriate
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speaking order, within a period of four weeks from the date of receipt of the order. The exercise that is now undertaken, however, would not preclude the petitioner from making application for building permission. There shall be no order as to costs.
As a sequel, all pending applications shall stand closed.
_____________________________ JUSTICE CHALLA GUNARANJAN Date: 28.07.2026 BSM
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THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
WRIT PETITION No: 20713 of 2026
Date: 28.07.2026
BSM