COMMON ORDER:

As the issues raised in these three writ petitions are common and the facts relating to these writ petitions are similar, they are being disposed of by way of this common order.

2. The petitioners, who are owners of buildings, in Shroff Bazar, in Kurnool Municipal Corporation, have approached this Court being aggrieved by the 2nd respondent-

Corporation seeking to seal and demolish their buildings.

3. In W.P. No. 13815 of 2021, the petitioner, in October 2020, received notices from the 2nd respondent- Corporation, under Section 429 of the Andhra Pradesh Municipal Corporation Act, 1955 (for short „The Act‟), requiring the Petitioner to submit a copy of a sanctioned building plan/BRS/BPS. The writ petitioner submitted a copy of the sanctioned plan, relating to his building, situated in D.No.18/100 A3, Sharoof Bazar, Kurnool. The 2nd respondent had thereupon issued a notice bearing U.C.No.13/2020/WRPS-100 dated 23.11.2020, under Section 452 and 461(1) of the Andhra Pradesh Municipal Corporation Act, 1955 to the petitioner, directing the petitioner to remove the unauthorized and illegal constructions made in deviation to the approved plan. The respondent-corporation issued subsequent proceedings bearing Roc.No.371262/JA(G2)TP- KMC dated 02.07.2021 under Section 636 and Section 461-A of the Act, 1955 to remove unauthorized construction of 9 commercial shops within 24 hours on receipt of notice, failing which, the respondent-corporation would remove/seize the said constructions at the expense of the petitioner. Subsequently, 4 of these commercial shops were also sealed under Section 461-A of the Act, 1955 on 05.07.2021. Aggrieved by the said actions of the 2nd respondent, the petitioner has approached this Court, by way of the present writ petition.

W.P.No.13141 of 2021

4. In W.P. No. 13141 of 2021, the petitioner, who is the owner of the building, situated in D.No.18/100-A7 was issued a notice by the 2nd respondent calling upon the petitioner to produce his copy of the sanctioned building plan. In reply, the petitioner submitted the said sanctioned plan, approved in the building permission granted in BA.No.06/2005/G-3 dated 09.05.2005. Thereafter, the respondent-corporation issued notice bearing UC.No.13/2020/WPRS-100 dated 23.11.2020, under Section 452 and 461(1) of the Act, 1955 to the petitioner, for removal of the unauthorized and illegal constructions. Subsequently, the respondent-corporation again issued proceedings in Roc.No.371262/2020/JA(G2) TP-KMC dated 02.07.2021 under Section 436 and 461(A) of the Act, 1955 to remove unauthorized construction of 12 shops made on the ground floor and subsequently seized and sealed these 12 shops on

06.07.2021.

W.P.No.13136 of 2021

5. In W.P. No. 13136 of 2021 a notice dated

07.10.2020 was issued to the petitioner in relation to his building, situated in D.No.18/100-A8, Kurnool for production of the sanctioned plan. As the petitioner did not produce the approved plan, the 2nd respondent issued a notice bearing UC.13/2020/WPRS-100 dated 23.11.2020 under Section 452 and 461(1) of the Act, 1955 for removal of unauthorized and illegal constructions. Thereafter, a further notice bearing proceedings in Roc.No.371262/2020/JA(G2)TP-KMC, dated 02.07.2021 under Section 636 and 461-A of the Act, 1955 was issued to the petitioner, to remove 6 shops on the ground floor and 5 shops on the first floor which had been constructed without authorization and these shops were subsequently sealed on 06.07.2021.

6. The petitioners have approached this Court with the complaint that the said seizure and sealing of the shops is not in accordance with law and it is arbitrary and highhanded. Another complaint made by all the petitioners is that such action has been taken selectively and against only a few persons while all the other owners of buildings in the said area are not being disturbed in any manner by the 2nd respondent- corporation. The respondents were called upon to produce the file relating to the no