APHC010743932014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12587/2014 Between:

Ujwal Royal Apartment Flat Owners Ssociation, ...PETITIONER AND The Municipal Corporation Of Nellore and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. G VENKATESWARLU Counsel for the Respondent(S):

1. C BHARGAVA SARMA

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

The Court made the following:

ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the 1^st respondent to act in accordance with Rules and Bye-laws of the Municipal Corporation and remove/demolish the unauthorized constructions i.e., pent house i.e., fifth floor on the terrace being constructed by the 3^rd respondent at Ujwal Royal Apartments situated at H.No.26-13-403, NGO Colony, Near Saibaba Temple, Bakthavasthala Nagar, Nellore, SPSR Nellore District, which are contrary to approved plan and consequently direct the 3^rd respondent to stop the illegal construction and pass….”

2. Heard learned counsel for the petitioner and learned Standing counsel appearing for the respondents.

3. When the matter came up for admission on 23.04.2014, this Court passed the following interim order:

“….The respondents 2 & 3 shall not carry on any constructions without first obtaining the permission from the 1^st respondent-Municipal Corporation and thereafter, shall carry on constructions strictly in accordance therewith.”

4. Today, when the matter came up for hearing, learned Standing Counsel furnished a copy of instructions of the Deputy City Planner, Nellore Municipal Corporation–respondent No.1 duly informing this Court, that on a complaint made by the petitioner, the town planning staff has visited the respondent No.3 building and identified pent house constructed by him and after following due procedure, the same was regularized vide BPS No.NEL/MO/26/5783215, dated 03.07.2017.

5. Recording the same, this Court feels that no further cause survives in this writ petition.

6. Accordingly, the Writ Petition is closed. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed.

__________________ JUSTICE V.SUJATHA Date: 22.01.2025 SNI THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12587 of 2014 Date: 22.01.2025 SNI