APHC010025692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1844/2026 Between:

1. DADI APPA RAO, S/O. APPALA NAIDU, AGED ABOUT 65 YEARS, PROPERTIES RIO. D. NO. 12-2-112, D.A.R. TOWERS, PANJA CENTER VIJAYAWADA - 520001 ...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT AP SECRETARIAT, VELAGAPUDI, AMARAVATHI 522238

2. THE DISTRICT COLLECTOR, NTR DISTRICT, VIJAYAWADA 520001

3. THE COMMISSIONER, MUNICIPAL CORPORATION, VIJAYAWADA

520001

4. THE CITY PLANNER, MUNICIPAL CORPORATION, VIJAYAWADA

520001

5. THE ASSISTANT CITY PLANNER, MUNICIPAL CORPORATION, VIJAYAWADA 520001

6. THE ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER LENIN CENTRE, GOVERNOR PET, VIJAYAWADA 520001 ...RESPONDENT(S):

Counsel for the Petitioner:

1. GANGISETTI UMA SANKAR Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

2. GP FOR REVENUE

3. S.V.S.S.SIVARAM SC For VMC The Court made the following:

ORAL ORDER:

Heard Sri Babu Rao Gangisetti, learned Counsel appearing online on behalf of Sri Gangisetti Uma Sankar, learned Counsel for the Writ Petitioner and Sri Goli GVSS Sai, learned Counsel representing Sri S.V.S.S. Siva Ram, learned Standing Counsel for Vijayawada Municipal Corporation. 2. The prayer sought in the present Writ Petition is as under:

“It is therefore prayed that this Hon’ble Court may be pleased to issue writ order or direction more particularly one in the nature of writ of mandamus by declaring the action of the official respondent i.e., 3rd respondent in issuing impugned demolition notice vide Roc.No.G5-TCP-113629/2025 dated 30.12.2025 dated 30.12.2025 against the petitioner building is illegal, irregular, irrational, arbitrary, without any authority of law by violating the Articles 14,19, 21 and 300-A of the constitution of India to set aside the demolish notice Roc No. G5-TCP-113629/2025 dated 30.12.2025 dated 30.12.2025 to protect the petitioner building and consequently direct the petitioner to issue the of TDR Bond along with compensation of the lost land as per land acquisition provisions to the Petitioner along with interest till date since 2015 and pass other order or orders may deem fit and proper in the circumstances of the case.”

3. The material on record would clearly show that the Writ Petitioner has made several deviations from the original sanctioned Plan, which is of the year 2008. It transpires from record that the Petitioner had got several deviations regularized in the year 2015. The original Plan which is sanctioned by the Respondents in the year 2008 is Ground plus three floors (G+3). Subsequently, the Writ Petitioner has created another floor and described the whole building as Stilt+Ground+4 floors. This would indicate that two additional stories/floors have been created with whatever name that is called.

In any case, these deviations have been admittedly regularized in the year

2015.

4. Thereafter, the Writ Petitioner had made certain constructions, either temporary or permanent, in the stilt area, which is only meant for parking and which shall not be used for any other purpose. Earlier, the Writ Petitioner approached this Court by filing W.P.No.28485 of 2023. This Court, vide Order dated 19.11.2025, was pleased to dispose of the same with the following observations:

“3. The learned Standing counsel appearing for the 2^nd respondent has filed a detailed counter. It is submitted that the 2^nd respondent authority deputed a competent officer to inspect the subject site. It is further submitted that, in response to the notice issued, the petitioner stated that an application for regularization under the BPS Scheme had been filed. It is also submitted that the unauthorized construction on the ground floor, which is meant fo