IMPORTANT POINT
The court emphasized that judicial review of administrative decisions is limited and requires clear evidence of illegality or public safety concerns to intervene.

ORDER :

(Tarlada Rajasekhar Rao, J.) :

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:-

"To issue order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondent Nos.1 to 3 in not taking any action against the Respondent Nos.4 to 9 in making illegal constructions by violating the Building permission and without leaving any set-backs and obstructing the free flow and light to the Petitioner’s premises in Old D.No.24-142, new D.No.4-149, Assessment No.1931, Ravuru Road, Vetapalem Village, Desaipeta Panchayath, Prakasam District and issuing BPS Proceedings No.BPS2019/PRA/VET/VET/41154 dated 09.10.2019, as illegal, arbitrary, violation of Principles of Natural Justice and violation of Articles 14, 21 and 300A of the Constitution of India and set-aside the said BPS Proceedings and consequently direct the Respondent No.2 to remove the illegal constructions made by the Respondent Nos.4 to 9 in D.No.4-149, Ravuru Road, Vetapalem Village, Desaipeta Panchayath, Prakasam District and in the subject premises and pass such other orders…."

2. The present Writ Petition is being filed to obtain mandamus for the authorities' failure to act, despite a representation being made to respondent Nos.1 to 3, which brought to their attention not only about the construction of a building in violation of building rules and regulations and the respondent Nos.4 to 6 have encroached upon the property and have entered into an agreement development with the respondent Nos.7 to 9 and constructed the building without leaving any set-backs with 100% deviation and the said construction is causing irreparable loss and injury and it is obstructing free flow of air and sunlight to the petitioner, but the authority did not act; therefore seeking directions to take action against the respondents for illegal construction, as it is not permitted according to building rules.

3. It is also asserted in the affidavit filed in support of the Writ Petition that the petitioners herein filed O.S.No.376 of 2019 on the file of the Court of Principal Junior Civil Judge at Chirala for permanent injunction and Interlocutory Application for temporary injunction and the said suit is pending for adjudication.

4. The unofficial respondents have filed their responses, denied the assertions made by the petitioners, and acknowledges that they have built the building violating the building permit, according to the assertion, a new building was constructed in the year 2017 in D.No.24-142, new D.No.4-149, Assessment No.1931, Ravuru Road, Vetapalem Village, and denied the encroachment and obstruction of the free flow of air and sunlight to the petitioners’ premises, and stated that it is invited for the Writ Petition. It is stated that, in fact, the petitioners have filed a civil suit for permanent injunction, and the same was dismissed, by circumventing the law, the petitioners have presented the present Writ Petition. The Court's denial of the injunction shows that the petitioners' property was not invaded, inter alia, it is asserted that the BPS scheme was introduced by the government in the year 2019 as per G.O.Ms.No.14 dated 04.01.2019, and they have applied for the scheme and the permission was accorded, vide BPS 2019/PRA/VET/VET/ 41154, dated 09.10.2019, and the building was regularised by the authorities on receipt of an amount of Rs.29,86,064/- for regularisation and the petitioner has attempted to circumvent the law with malicious intention in order to gain wrongful and to cause wrongful loss, hence prayed to dismiss the Writ Petition with costs.

5. The 2nd respondent filed counter, asserting that as per the G.O.Ms.No.14 dated 04.01.2019, an order was issued by the Government to regularize and penalize the buildings constructed unauthorized and in deviation from approved plans in the jurisdiction of all Gram Panchayats falling in Urban Development Authorities on par with the urban local b