JUDGMENT :

Heard Sri Nani Babu Robba, learned counsel for the petitioner and Sri Lakshmi Narayana Reddy, learned standing counsel for respondent Nos.2 and 3.

2. With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.

3. Issuance of notice to the unofficial respondent No.4 is dispensed with, as such respondent is considered not necessary to be heard for the decision of the writ petition.

4. The petitioner has filed the present writ petition under Article 226 of the Constitution of India for the following reliefs :

“…it is therefore prayed that this Hon’ble Court pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in interfering with the construction of residential house building in Sy. No. 4/2 admeasuring in a total extent of 157.5 Sq yds which is situated at Resapuvanipalem Village Visakhapatnam District and also trying to evict the petitioner from the above mentioned property as illegal arbitrary high handed ultra vires contrary to the procedure established by law and against to the principles of natural justice apart from being violative of Article 300A of the Constitution of India and consequently direct the respondents not to evict the petitioner and not to interfere with the construction of residential house building in Sy.No.4/2 admeasuring in a total extent of 157.5 Sq.yds which is situated at Resapuvanipalem Village Visakhapatnam District in the interest of justice”

5. The learned counsel for the petitioner submitted that the petitioner is the absolute owner of the land in Sy.No.4/2 admeasuring in total 157.5 sq. yards situated at Resapuvanipalem Village, Visakhapatnam which was acquired by him from his father vide gift deed document No.1487 of 2020 dated 27.02.2020. The petitioner obtained building plan approval from the Greater Visakhapatnam Municipal Corporation (for short, “GVMC”) vide building plan permit No.1086/2968/ B/Z2/ REM/2020 dated 30.10.2020 to construct the residential building in the premises D.No.50-50-26/9 of BS Layout Street, BS Layout Area, within the GVMC limits in the above mentioned property under the rules and regulations of the Andhra Pradesh Building Rules, 2017 in short the Rules, 2017. However, when the petitioner started the construction, the 3rd respondent and its authorities at the instance of the unofficial 4th respondent and some other unknown persons got stopped the construction work without any reason and without issuing any notice. Against such action the petitioner approached the 2nd respondent the Municipal Commissioner by filing representation dated 12.08.2022 but without any response and hence this writ petition.

6. Learned counsel for the petitioner submitted that the GVMC and its authorities cannot interfere with the petitioner’s construction being raised under the building plan permit without following due process of law.

7. Sri S. Lakshminarayana Reddy on 24.08.2022 stated on the basis of instructions, that a notice No.471/1086/ GVMC/UC/ 2022 dated 10.06.2022 under Sections 452(1) and 461 of the Municipal Corporation Act, 1965 (for short, “the Act, 1965”) was issued to the petitioner and served on 12.07.2022. Copy of the said notice with endorsement of receiving, after providing copy thereof to the learned counsel for the petitioner was placed before this Court, to submit that the action of the Corporation was not without following due process of law. On the next date i.e. 25.08.2022 he further submitted on the basis of instructions that the notice dated 10.06.2022 was served on 12.07.2022 on the petitioner’s brother-in-law namely Sri P. Kumar Banerji who was taking care of the building constructions and was present on the spot as he had informed that the petitioner was at United Kingdom (UK) at that time.

8. By order dated 25.08.2022 on which date the petitioner’s father Sri Chinta Vidya Sagar was present pursuant to order dated 24.08.202