APHC010490472023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.26247 of 2023 Between:

Bandaru Srinivasa Rao ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. LEO LAW ASSOCIATES LLP Counsel for the Respondent(S):

1. KILARU NITHIN KRISHNA

2. GP FOR MUNCIPAL ADMN.& URBAN DEV.

3. GP FOR ENERGY

4. V R REDDY KOVVURI (SC FOR APCPDCL)

The Court made the following:

ORDER :

This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“..to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 4^th respondent in permitting the respondents 8 to 10 to proceed with the illegal construction in R.S No. 667/4 ward No.11, D. No. 9-39, Beside TTD Kalyana Mandapam, Nandigama Village & Mandal, NTR District, in violation of B. A No.1145/0057/B/NDG/TEA/2020, dated 21-09-2020, and in violation of Building Rules framed by the Government of Andhra Pradesh under G.O.Ms.No.119, MA&UD Dept., Dated 28-03-2017, and the action of the respondents 5, 6 and 7 in trying to install power supply transformer, for the said illegal construction, without petitioner’s consent, and not considering the representation and notice, as the same is arbitrary, illegal, unconstitutional and in violation of well settled principles of natural justice and consequentially direct the 4^th respondent to demolish the illegal construction to the extent of violations, by following the due process of law.”

2. Heard the learned counsel for the parties and perused the record.

3. The petitioner, along with respondent Nos.8 to 10, claims to have purchased the land admeasuring 193.67 square meters bearing D.No.9-39, beside TTD Kalyanamandapam, R.S.No.667/4, Ward No.11, Nandigama, and obtained permission for construction of a residential building consisting of ground floor + two upper floors, vide B.A.No.1145/0057/B/NDG/TEA/2020 dated 21.09.2020, and also contributed his share of money for construction of the building.

4. It is the case of the petitioner that due to health reasons, he had to stay away from Nandigama and he came to know that, in his absence, respondent Nos.8 to 10 indulged in construction of the building without leaving the required setbacks and were also raising two additional floors without any approval, in deviation of the sanctioned plan. In that connection, a criminal case viz., C.C.No.405 of 2023 was also registered on the file of Additional Judicial Magistrate of First Class, Nandigama, in which summons were received by the petitioner. The petitioner has also filed a civil suit in O.S.No.211 of 2022 on the file of the Principal Junior Civil Judge, Nandigama, seeking permanent injunction against respondent Nos.8 to 10, and that the said suit is pending.

5. It is the grievance of the petitioner that on coming to know about the illegal constructions being made by the unofficial respondents, he has submitted a representation dated 19.08.2023 to the 4^th respondent- Commissioner, Nandigama Municipality, requesting to stop the said illegal constructions, and has also issued a notice dated 24.04.2023 to respondent Nos.5 to 7 – authorities of APCPDCL, not to proceed with installation of transformer in the subject site, but none of his requests has been considered by the authorities.

6. Today, when the matter is taken up for hearing, learned Standing Counsel for the 4^th respondent-Municipality has furnished a copy of the instructions received from the Commissioner of Nandigama Municipality, wherein, while confirming that the petitioner and respondent Nos.8 to 10 have obtained permission for construction of a building consisting of stilt + ground + two residential floors, it is stated that upon identification of deviations, the 4^th res