APHC010579752024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30262/2024 Between:

Pantadi Lakshmi and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. MARELLA SRILAKSHMI Counsel for the Respondent(S):

1. M Krishna Rao SC for skl vzm kkd Municipal Corporations

2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:

ORDER

This Writ Petition is filed by the petitioners, under Article 226 of the Constitution of India seeking Mandamus, for the following relief:

“…to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly the Respondent Nos.2 to 4 in not considering the representation made by Petitioners on 10.12.2024 seeking permission to raise the construction and on the contrary preventing them from visiting the property i.e., all that Plot admeasuring 44.84, 52.74 and 64.17 sq.yards forming part of Town Survey No.40 situated at Yetimoga area, Block VI of Kakinada, Kakinada District, Andhra Pradesh as being arbitrary, illegal and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India and against the Municipal by-laws as also Revenue Act besides being in against the principles of natural justice and consequently grant permission to the Petitioners to raise structures in their land allotted by the 4^th Respondent through possession pattas...”

2. Today when the matter came up for hearing, learned Standing Counsel for respondent Nos.2 and 3 has furnished a copy of instructions of the Commissioner, Municipal Corporation, Kakindada dated 23.12.2024, wherein it is stated that the petitioners have never filed any application for sanction of building permission along with the plan etc., as required under the rules. It is further stated that once the petitioners files their building permission applications as provided under the rules, they would be got enquired and permission would be accorded subject to their eligibility and as per the rules.

3. In view of the same, the counsel for the petitioners has requested this Court to permit him to submit the application for building permission as sought by the respondents and requested to direct the respondents to consider the same in accordance with law.

4. In view of the same, the Writ Petition is disposed of permitting the petitioners to submit the building permission application, within a period of two weeks from the date of copy of this order, as per the rules. Thereafter, the same may be processed in accordance with law within a period of four weeks. Till such time, no coercive action shall be initiated as against the petitioners’ schedule property i.e., all that Plot admeasuring 44.84, 52.74 and 64.17 sq. yeards, forming part of Town Survey No.40, situated at Yetimoga Area, Block VI of Kakinada (Kakinada District), Andhra Pradesh. No order as to costs.

Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.

___________________ JUSTICE V.SUJATHA

Date : 03.01.2025

JLV