APHC010014772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 743/2025 Between:

P Shyam Prasad Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. C SUBODH Counsel for the Respondent(S):

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

ORDER

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to demolish the building constructed vide building permit No.1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024, pursuant to the notice No.47/1031/NLR/UC/2024 dt 28.12.2024 issued u/s. 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016 as illegal, arbitrary, violation of principles of natural justice and violation of provisions of A.P.M.C. Act, 1955 and A.P.M.R. and U.D.A. Act, 2016 and consequently direct the respondents not to demolish the building constructed vide Permit No.1031/1830/B/NMC/TKPYT/2023, dt.23.11.2024 by setting aside the notice vide No.47/1031/NLR/UC/2024 dt.16.12.2024 and Notice No.47/1031/NLR/UC/2024 dt 28.12.2024 respectively issued by the 2^nd respondent and pass…”

2. The brief facts of the case are that the petitioner had submitted an application for construction of residential building with G+4 floors+stilt at Door No.24-7-147/1, Magunta Layout, Nellore, SPSR Nellore District, to the respondent No.3. Pursuant to which, the respondent No.3 vide proceedings in Permit No.1031/1830/B/NMC/TKPYT/2023, dated 23.11.2024, granted building permission to the petitioner for construction of residential apartment building. While the matter stood thus, the respondent No.2 issued a notice No.47/1031/NLR/UC/2024, dated16.12.2024, u/s. 452 (1) and 461 (1) of M.C. Act, 1955 and u/s. 86, 89(1 & 2), 90(1) of A.P.M.R. and U.D.A. Act, 2016, calling for the explanation from the petitioner on the ground that the petitioner has made constructions by deviating the sanctioned plan in the subject land. As the petitioner failed to submit his explanation, the respondent No.2 issued Notice No.47/1031/NLR/UC/2024 dated 28.12.2024 issued u/s. 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016, by duly confirming the notice dated 16.12.2024. Thereafter, the petitioner had submitted an explanation to the notices dated 16.12.2024 and

28.12.2024 respectively. The grievance of the petitioner is that, however, without considering the same, the respondent No.2 had once again issued another notice under Sections 452 (2) and 461 (2) of A.P.M.C. Act, 1955 and u/s. 86, 89 (3) of A.P.M.R. and U.D.A. Act, 2016, directing the petitioner to bring down the construction made by him into rule frame within seven (07) days from the date of receipt of the said notice or otherwise action will be initiated against the petitioner. Aggrieved by the same, the petitioner had filed the present writ petition.

3. Heard C.Subodh, learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development appearing for the respondent No.1 and Sri A.S.C.Bose, learned Standing Counsel appearing for the respondent No.2 and 3 and perused the material available on record.

4. Today when the matter came up for admission, learned Standing Counsel appearing for the respondent No.2 has furnished a copy of instructions dated 09.01.2025, issued by the Deputy City Planner, Nellore Municipal Corporation, wherein it is stated that the petitioner has constructed an un-authorized extra floor with deviations from the approved plan and as such the respondent No.2 issued provisional notice No.47/1031/NLR/UC/2024, dated16.12.2024, calling an explanation from the p