APHC010034202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 1743/2025 Between:

1. E DARLAPALLI BALA SUBRAHMANYAM, S/O E. S. RAJU, AGED ABOUT 58 YEARS, OCC. BUSINESS, R/O M.I.G 2A/90, GOLLAPALEM COLONY, SRIHARIPURAM, MALKAPURAM POST, VISAKHAPATNAM.

2. N ADIMPALLI SRI DIVYA DURGA MADHULIKA @ VEMULAMANDA SRI DIVYA DURGA MADHULIKA,, W/O V. SIVA KUMAR RAJU, AGED ABOUT 40 YEARS, OCC. HOUSEWIFE, R/O FLAT NO. 1411, TOWER-1, MARINA SKIES, HARIRAM HILLS ROAD, OPPOSITE I.D.L MOOSAPETA, SANATHNAGAR, HYDERABAD, TELANGANA STATE.

...PETITIONER(S)

AND

1. T HE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, O/O THE GREATER MUNICIPAL CORPORATION, TENNETI VISWANADHA BHAVAN, ASILMETTA, VISAKHAPATNAM.

3. T HE ZONAL COMMISSIONER ZONEIII, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM.

4. T HE TOWN PLANNING OFFICER, ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM.

5. M ADHURI MAHOR FLAT OWNERS WELFARE ASSOCIATION, REP BY ITS PRESIDENT K.CHANDRA SEKHAR RAO, REGD NO.1003 OF 2001 6-2024, EAST POINT COLONY, VISAKHAPATNAM 530017. R5 IS IMPLEADED AS PER THE COURT'S ORDER DT.31.01.2025 IN I.A.NO. 02 OF 2025. ...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 to. It is therefore prayed that the Honble Court may be pleased to issue Writ order or direction more particularly one in the nature of Writ of Mandamus declare Notice No.163/1086/GVM/UC/2024 dated 12-12-2024 and Notice No.163/1086/GVMC/UC/2024 dated 3.1.2025 the notice vide dated 20-01-2025 issued by the 2nd respondent directed the petitioner to remove constructions within 24 hours at Door No 6-20-24 Madhuri Manor Apartments at East Point Colony Visakhapatnam without considering the approved building permission plan vide B.A.No.184/97/ACP2 dated 07-06-1998 and explanation made by the petitioner as illegal arbitrary violation of principles of natural justice and contrary to provisions of Andhra Pradesh Metropolitan Region and Urban Development 2016 and violation of Articles 14, 21 and 300A of the Constitution of India and consequently set aside the NoticeNo.163/1086/GVMC/UC/2024 dated 12-12-2024 and Notice No.163/1086/GVMC/UC/2024 dated 3.1.2025 notice dated 20-01-2025 issued by 2nd respondent for demolition of subject shop rooms to an extent of 500 sq feet and 1000 sq feet respectively at Door No 6-20-24 Madhuri Manor Apartments at East Point Colony Visakhapatnam pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.14.10.2025 in I.A.No.04 of 2025 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 of all further proceedings in pursuant to notice dated 20-01- 2025 issued by the 2nd respondent for demolition of shop rooms to an extent of 500 sq.feet (2 shop rooms) and 1000 sq.feet (4 shop rooms) respectively at Door No.6-20-24, Madhuri Manor Apartments at East Point Colony, Visakhapatnam pending disposal of above 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 pray that this Honorable Court to permit Proposed person/Respondent to implead in the above Writ petition No. 1743 OF 2025 as Respondent No.5, and also permit Proposed person/Respondent to file the counter in IA and in the main Writ petition No. 1743 OF 2025, or els