Suppression of material facts and failure to join necessary parties render a writ petition untenable; fraud on the court mandates dismissal of the case.

ORAL ORDER:

Heard Sri Sateesh Kumar Eerla, learned Counsel for the Writ Petitioner and Sri P. Vengal Reddy, learned Standing Counsel for the Municipal Corporation appearing for Respondent No.2. Heard Sri Namineni Pavan Kumar, learned Counsel for the Impleadment Applicant in I.A.No.2 of 2026.

2. The prayer sought in the present Writ Petition is as under:

“It is humbly prayed that this Hon‟ble Court may be pleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the Notice No. 221/1012/TPT/UC/2025, Dated 22.01.2026 issued under Section 636 of AP Municipal Corporations Act, 1955 (for Short the Act') by the 2^nd respondent as illegal and arbitrary and without considering the petitioner pending BPS Application No. BP2025/TIR/TPT/1/011835 dated 31-12-2025 as per G.O. M.S. No. 225 dated 12.11.2025 issued by the Government of Andhra Pradesh and violation of the Arts 14,19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to take any coercive steps for demolition of the structures made by the petitioner premises D.No.22-5-100, Sy.No. 353/3, Thimmanaidupalem Revenue Village, Tirupati Mandal, Election Ward No-1, Tirupati and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. The above Writ Petition and Interlocutory Application No.2 of 2026 are being considered together in the present Order.

4. The facts on record, as stated in the Affidavit filed in support of the Writ Petition, would indicate that one Smt. R. Vani has purchased land by way of Registered Sale Deed dated 12.11.2008 bearing Document No.7304 of 2008. Thereafter, one Sri T. Surendra Babu purchased the subject land from Smt. R. Vani on 23.01.2015 vide Doc.No.322 of 2015. The Writ Petitioner herein has purchased the subject land from Sri T. Surendra Babu on 12.03.2018 vide Doc.No.1275 of 2018; that the Petitioner has been in enjoyment and possession of the said land ever since the date of purchase; that the Petitioner applied for building permit, and the same was approved along with the building plan on 01.02.2025 (Ex.P.3) by Respondent No. 2 (Tirupati Municipal Corporation) for construction of ground floor plus two floors residential building; that the Petitioner, however, has constructed only ground plus one floor instead of ground plus two floors due to insufficient funds and completed the same on or about 01.07.2025; and House-Warming Ceremony was performed by the Writ Petitioner on 26.09.2025.

5. It is further stated in the Affidavit filed in support of the Writ Petition that the 2^nd Respondent issued a Provisional Notice dated 08.12.2025 notifying various violations in construction, for which the Petitioner submitted her explanation on 09.12.2025 (factually incorrect); that thereafter, Respondent No.2 issued a Notice directing the Petitioner to pull down the illegal construction within seven days from the date of receipt of the Notice; that the 2^nd Respondent also issued Notice under Sections 452(2) and 461(2) of the Andhra Pradesh Municipal Corporation Act, 1955, directing the Petitioner to remove the unauthorized construction within 24 hours, failing which the 2^nd Respondent would be constrained to remove/demolish the unauthorized deviations made in the building without any further Notice (Ex.P.1).

6. It is further submitted that the Petitioner submitted an Application for Regularization of deviations in construction under the Building Penalization Scheme - 2025 (hereinafter referred to as BPS - 2025) on 31.12.2025; and that having been aggrieved by the Notices issued by Respondent No. 2 dated 08.12.2025, 02.01.2026 and 22.01.2026, the Petitioner approached this Court and filed the present Writ Petition.

7. In the Lunch Motion moved by the Writ Petitioner, this Court, having examined the facts as presented by the learned Counsel for the Writ Petitioner, was pleased to grant an Interim Order on 30.01.2026 suspending the Impugned Proceedings dated 22.