*THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

+ W.P.No.515 of 2025, 15425, 23618, 28418 of 2023

and 17367 of 2024

% 18.07.2025

WRIT PETITION NO: 515/2025

Between:

SMT.T.S.V.S.N.R. Mani Manjari and another

...Petitioner

And

The State of Andhra Pradesh, rep. by its Principal Secretary,

Municipal Administration and Urban Development Dept.,

Secretariat Buildings, Velagapudi, Amaravathi, Guntur Distric

and two others.

...RESPONDENT(S)

Counsel for the Petitioner:

Sri. V V SATISH

Counsel for the Respondent(S):

1. G.P. for Muncipal Admn., Urban Dev

2. M. Manohar Reddy (SC FOR MUNC AND MUNC CORP )

3. TURAGA SAI SURYA

< Gist :

> Head Note:

? Cases Referred:

1 2005 SCC Online AP 323

2 2003 (3) ALD 195 3(2013) 5 SCC 336

42024 SCC online SC 3767

52025 INSC 610

62005 (6) ALD 552

7(1974) 2 SCC 506 APHC010007812025 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 515/2025 Between:

1. S MT.T.S.V.S.N.R. MANI MANJARI, W/O.T.C.H.V.NARASIMA RAO AGED 46 YEARS, OCC BUSINESS R/O.D.NO.27-15-12-A, BHIMAVARAM WEST GODAVARI DISTRICT, ANDHRA PRADESH

2. T .C.H.V.NARASIMHA RAO, S/O.T.SRI RAMA RAO, AGED

51 YEARS OCC BUSINESS R/O. D.NO.27-15-12-A, BHIMAVARAM WEST GODAVARI DISTRICT, ANDHRA PRADES ...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE ELURU URBAN DEVELOPMENT AUTHORITY, REP.BY ITS VICE CHAIRMAN, PLANNING DEPARTMENT, ELURU, ELURU DISTRICT ANDHRA PRADESH

3. T HE BHIMAVARAM MUNICIPALITY, REP.BY ITS COMMISSIONER BHIMAVARAM, W.G.DISTRICT, AP ...RESPONDENT(S):

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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in not issuing Occupancy Certificate (OC) in respect of the building constructed in Sy.No.99/5 and 6, Ward No.34, Padmalaya Road, Bhimavaram pursuant to the permission vide BA No.1074/0276/B./BM C/JPRD 2021/OC I dt.28-06-2024 in spite of completion of the construction without there being any short fall as highly illegal, arbitrary and contrary to law and consequently direct the 2nd respondent to issue Occupancy certificate forthwith in respect of the said building and pass such IA NO: 1 OF 2025 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 may be pleased to direct the 2nd respondent to consider for issue of occupancy certificate (OC) in respect of the building constructed in Sy.No.99/5 and 6, Ward No.34, Padmalaya Road, Bhimavaram pursuant to the permission vide BA No.1074/0276/B./BMC/JPRD 2021/OC I dt.28-06-2024 pending disposal of the main writ petition and pass such IA NO: 2 OF 2025 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 pleased to implead Dandu Srinivas Kumar Varma, S/o Late Venkata Rama Raju, Aged about 55 years, Occ Business,R/o D. No. 71412 and 12B, 34th Ward, Bheemavaram, West Godavari District as respondent No. 4 in the Writ Petition No. 515 of 2025 and to pass Counsel for the Petitioner(S):

1. YASWANTH GADE Counsel for the Respondent(S):

1. SOMA RAJU YELISETTI

2. GP MUNCIPAL ADMN AND URBAN DEV AP WRIT PETITION NO: 15425/2023 Between:

1. D ANDU SRINIVAS KUMAR VARMA, S/O LATE VENKATA RAMA RAJU, AGED ABOUT 54 YEARS, OCC. BUSINESS, R/O D.NO. 27-14-12 AND 12B, 34TH WARD, BHEEMAVARAM, WEST GODAVARI DISTRICT.

...PETITIONER AND

1. S TATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. B HEEMAVARAM MUNICIPALITY, R