APHC010603462024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY ,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31546/2024 Between:

K.t.dawood @ Syed Dawood, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. CHALLA SIVASANKAR Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

2. GP FOR REVENUE

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

The Court made the following:

ORDER

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

“…to issue a Writ, order or directions, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondents 2 and 3 herein in taking the action on the illegal construction made by the respondents 5 and 6 and their followers in petitioner land in Sy.No.(Old Sy.No.404/A, 404/B/2) 404/B2A1 an extent of Ac.2.20 cents, situated at Kallur Village fields within the Kurnool Municipal Corporation Limits, Kurnool City, Kurnool District high handedly inspite of petitioner representations dated 12.02.2024 and O.S.No.103/2022, pending on the file of the Principal Junior Civil Judge Court, Kurnool which is illegal, arbitrary, unjust, unconstitutional, contrary to the Andhra Pradesh Municipal Corporations Act and violation of Articles 14, 19 and 300-A of the Constitution of India and consequently direct the Respondents 2 and 3 to take action on petitioner representations dated 12.02.2024 and stop the illegal construction being made by the respondents 5 and 6 and their followers…”

2. The petitioner is the owner of an extent of Ac.2.20 cents in Sy.No.404/B2/A1 situated at Kalluru Village fields within the Kurnool Municipal Corporation Limits, Kurnool City, Kurnool District. While the matter being so, as the unofficial respondent Nos.5 and 6 has started illegal constructions in the petitioner’s land, the petitioner has submitted a complaint on 12.02.2024 to the respondent Nos.2 and 3 herein. As no action has been initiated on the said representation, the present writ petition is filed.

3. Today when the matter came up for hearing, Mr.ASC Bose, learned Standing Counsel representing respondent Nos.2 and 3, has furnished a copy of instruction of respondent No.2 vide Lr.Rc.No…../2024/G2, dated

06.01.2025, wherein it is stated that immediately after receiving the complaint from the petitioner on 12.02.2024, the office Town planning authorities have inspected the said site and found one unauthorized construction foundation earth work in Sy.No.404/B2A1 in an extent of 472 Sq.Mts. in Challavari Street, Kunrool. Thereafter, the Town planning authorities have stopped the unauthorized foundation work on 22.02.2024 and informed respondent No.6 to stop the construction and also to obtain building permission from the Municipal Corporation by submitting online (DPMS) application with relevant documents. Thereafter, the 2^nd respondent office has also issued a provisional order dated 14.03.2024 under Section 452(1) and 461(1) of MC Act, 1955, directing respondent Nos.5 and 6 to stop further construction forthwith and show sufficient cause as to why the unauthorized construction should not be removed/altered within seven days from the date of receipt of the notice, failing which, it will be treated as intentional offence and further action will be taken as per provisions laid down under Section 452(2) & 461(2) of MC Act, 1955. Thereafter, respondent No.6 has orally informed the official respondent that he would not make any further construction.

4. However, in view of the fact that a provisional notice was already issued to the unofficial respondent on 14.03.2024, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to initiate further course of action in pursuance