Back
2025 Supreme(Online)(AP) 7900
HIGH COURT OF ANDHRA PRADESH
NYAPATHY VIJAY, J
Doppalapudi Anjibabu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 15918 of 2025
For the Appellants/Petitioners: Sri V.V. Lakshmi Narayana
For the Respondents: None mentioned
Unauthorized construction without municipal approval violates property rights and Article 300-A of the Constitution.
Headnote:(A) Article 226 of the Constitution of India - Writ of Mandamus - Illegal and unauthorized construction - Petitioner challenged the inaction of the Municipality regarding the illegal constructions made by the respondent on their property in violation of municipal rules and Article 300-A - Court directed interim orders to restrain the 4th respondent from proceeding with construction until the approval of the building plan. (Paras 3, 5, 6)
(B) Natural Justice - The respondent's failure to act on the petitioner's representation was deemed illegal and arbitrary. (Paras 2, 4)
Facts of the case:
The petitioner alleged that the respondent was constructing a building on his property without permission from the municipality and not considering his representation made regarding the illegal construction. The court noted that the municipality had issued a provisional order notice regarding the construction.
Findings of Court:
The court restrained the 4th respondent from further construction until the building plan was approved by the Municipality and directed that the interim order be complied with by the respondent authorities.
Issues: The main issues were the legality of the construction without permission and the municipality's failure to act on the petitioner's representation.
Ratio Decidendi: The court determined that the construction was unauthorized due to lack of proper permissions, thus affirming the need for adherence to legal procedures in urban construction matters.
Result: Interim direction issued to halt unauthorized construction.
| Table of Content |
|---|
| 1. jurisdiction of high court to address municipal authority's inaction. (Para 1 , 2) |
| 2. interim relief against unauthorized construction pending approval. (Para 3) |
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE FOURTH DAY OF JULY, , /.,/
TWO THOUSAND AND TWENTY FIVE :PRESENT:
/
"fHONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15918 OF 2025 Between :
Doppalapudi Anjibabu, S/o Sundaraiah, age 58 years, Occ: Business, R/o F-2, Sampoorna Pride, Nandavanam Road, SVN Colony, 7th Lane, Guntur -522006, Andhra Pradesh. /
...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Pr-lncipal Secretary, Municipalities and Urban Development Department, secretariat,velagapudi, Guntur District, Andhra Pradesh-522503.
2. The D-IStriCt Collector, Narasaraopet, Palnadu Distr'lct.
3. The Commissioner, Vinukonda Municipality, Palnadu District. 4. Lagadapat'l Venkatarao, S/_QVenkaiah, age major, R/o ABM compound, vinukonda town,,i_-Palnadu District, Andhra Pradesh.
...Respondents WHEREAS the Petitioner above named through his Advocate Sri v.v.LAKSHMI NARAYANA presented this Petition under Article 226 of the constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High,I.Court may be Pleased tO issue a Writ, order, Direction more particularly One in the nature Of Writ of Mandamus declaring the action of the 3rd respondent in not taking any action towards illegal and unauthOriZed construction Of building taken uP by the 4th respondent by encroaching the property in an extent of Ac.0.20 cents out of Ac.2.31 cents in D.No.394/1`:, of Vinukonda Town belongs to the petitioner and others without having any permissions from the MunicI|Pal Authorities Vinukonda and' also- in not considering and dispose off the representation made by the petitio.ner and another dated 22.06.2025 to the respondent No.3 is illegal arbitrary and contrary to the provisions of the Municipal Act and its rules there under and violation of Article 300-A of the constitution of India .besides vi.oI.ation of principles of natural justice and consequently direct the 3rd respondent to demolish illegal and unauthorized construction made in vacant cite in an extent of Ac.0.20 cents in D.No.394/1 ofVinukonda Town by`the 4th respondent; ~
