APHC010456832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE 3rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24969 OF 2026 Between: 1. P JANARDHAN NAIDU, S/o Late P. Venkatesu, Aged 53 years, R/o Flat No.61, Vidyuth Nagar, Ananthapuramu Town and District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Amaravati, Velagapudi, Guntur District-522238. 2. The Ananthapuramu Municipal Coorporation, Rep. by its Commissioner, Ananthapuramu, Ananthapuramu District-515001. ...Respondents 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 a writ, order or direction, more particularly one in nature of Writ of Mandamus declaring the action of the 2nd respondent in attempting to initiate coercive steps (for demolition) in respect of the petitioner's house bearing D.No.12-4-25, Vidyuth Nagar, Ananthapuramu Town and District in spite of pendency of Building Regularization Scheme application which is permissible under G.O.Ms.No.225, Dt.12.11.2025 is illegal and arbitrary and consequently direct the respondents to regularize the additional built-up area 2 of the petitioner's house bearing D.No.12-4-25, Vidyuth Nagar, Ananthapuramu Town and District in terms of G.O.Ms.No.225, Dt.12.11.2025 and also not to undertake any coercive steps in respect of additional built- area in the above subject premises 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 direct the respondents not to initiate any coercive steps in respect of additional built- area in the petitioner's house bearing D.No.12-4-25, Vidyuth Nagar, Ananthapuramu Town and District, pending disposal of the writ petition Counsel for the Petitioner: N ASWARTHA NARAYANA Counsel for the Respondents: GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following Order: Heard Sri N. Aswartha Narayana, learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development and Sri P. Vengal Reddy, learned Standing Counsel for the respondent No.2/Municipal Corporation. 2. 2. The grievance of the petitioner in the instant Writ Petition is against the action of the respondent No.2 in initiating coercive steps for demolishing the additional structures of the petitioner’s house bearing D.No.12-4-25, Vidyuth Nagar, Ananthapuramu Town and District, pending consideration of the application for the Building Regularisation Scheme introduced vide G.O.Ms.No.225 dated 12-11-2025. 3 3. It is contended that the petitioner has obtained building permission for construction of a residential building comprising G+2 floors. In pursuance of the said permission issued in the year 2020, the petitioner has constructed building in accordance with the permission sanctioned by the respondent No.2. However, basing on a complaint filed by one of the neighbours of the petitioner, the respondent No.2 has initiated action against the petitioner and issued provisional notice dated 15-05-2024. To the said notice, the petitioner has filed his objections. The 2nd respondent issued confirmation order on 11- 06-2024. To the said proceedings also the petitioner submitted his representation dated 12-06-2024 before the respondent No.2 stating that the building was constructed with the prior building permission obtained from the competent authority and that the deviation if any noticed, can be regularized under Building Penalization Scheme, 2025 (in short ‘BPS scheme’). The said representation is still pending for consideration. Despite the same, the respondents are attempting to take coercive measures for demolition of the subject building/structure. Thus approached this court by way of the instant Writ Petition. 4. When the matter has been taken up for consideration today, the learned Standing Counsel, Sri P. Vengal Reddy, appearing for the respondent No.2/Municipal Corporation has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that, the application filed by the petitioner was found prima facie eligible for consideration for regularization of additional built-up area under the Building 4 Penalization Scheme (BPS) introduced vide G.O.Ms.No.225, dated 12-11- 2025, subject to the petitioner fulfilling all the other conditions, and applicable norms as prescribed under the said GO., and further subject to the final outcome of W.P (PIL) No.245 of 2025 pending before this Court. In the light of the pendency of the W.P (PIL) No.245 of 2025, it is stated that the respondent authorities are unable to take further proceedings on the application filed by the petitioner. 5. Having regard to the above, this Court deems it appropriate to dispose of the Writ Petition, directing the respondent authorities not to take coercive measures for pulling down/demolishing the additional structures/deviations, pending consideration of the application filed by the petitioner for regularization. Needless to observe that, the respondent authorities are at liberty to proceed in accordance with law, if the petitioner is not entitled for regularization. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 03-09-2026 Note: Furnish CC by one (01) week B/o. MSI 5 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 24969 OF 2026 Dated: 03-09-2026 Note: Furnish CC by one (01) week B/o. MSI