APHC010061912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3518/2025 Between:

V.Suvarna Gupta and another ...PETITIONER(S)

AND The State of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. M K VISWANATH NAIDU Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV 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 pass an order or orders or direction more particularly one in the nature of a writ of mandamus questioning the action of respondent No.2 in issuing impugned confirmation order vide Notice No.01/1156/GY/2024 dated 30.12.2024, received on 21.01.2025, confirming the show-cause notice issued vide Notice No.01/1156/GY/2024 dated 23.12.2024 received on 21.01.2025 and serving both the provisional order and confirmation order collectively and directing the petitioner herein to bring down the entire building, consisting of G+1, situated at D.No./Plot No.9/736-A & B, Kurnool Road, Revenue Ward No.9, Gooty Municipality, Gooty, Anantapur District, A.P. which property is near to D.no./Plot No.9/975, into rule frame, without according any time for submitting reply, without conducting any physical inspection of the Petitioner‟s premises, without passing any speaking or well-reasoned order, as arbitrary, illegal, in violation of principles of natural justice, contrary to the provisions of „Andhra Pradesh Municipalities Act 1965, A.P. Metropolitan Region and Urban Development Authorities Act, 2016 and A.P. Building Rules, 2017, besides being violation of petitioners rights guaranteed under Art. 14, 19 (1) (g) and 300A of the Constitution of India and consequently set aside the same …...”

2. The brief facts of the case are as follows:

a) The petitioners are the absolute owners and possessors of land in an extent of 344.11 Sq.yards and 267.44 sq.yards situated at D.No./Plot No.9/736-A&B Kurnool Road, Revenue Ward No.9, Gooty Municipality, Gooty, Anantapur District, A.P. which is located near to D.No./Plot No.9/795. The 1^st petitioner along with the 2^nd petitioner purchased same from its lawful owner through Sale Deed Nos.1243/2015 dated 24.04.2015 and 2532/2015 dated 30.07.2015.

b) The petitioners with an intention to construct and develop the above said property made an application to the 2^nd respondent on 25.07.2015 for grant of permission for construction of commercial building and another application on 07.04.2016 for residential building. The 2^nd respondent, vide B.A.No.51/2015/G1, dated 25.07.2015, and B.A.No.35/2016/G1 dated 07.04.2016 granted permission for construction of the aforesaid proposed building. Accordingly, the petitioners constructed the building consisting of Ground + first floor in accordance with the approved building plans, and are presently running a shopping complex in the subject property.

c) While the matter being so, Provisional Order Notice dated

23.12.2024 was issued to the petitioners directing them to stop further construction forthwith and show sufficient cause as to why the deviation/violation construction should not be removed/altered or pulled down within seven days from the date of receipt of the notice, failing which, further action will be taken as per law. The said Provisional Notice dated 23.12.2024 was served on the petitioners on 21.01.2025 along with Confirmation Order dated 30.12.2024, wherein the petitioners were directed to bring down the unauthorized construction within seven days from the date of receipt of the notice.

d) The Confirmation Order is under challenge on the ground that before passing the said Confirmation Order, the 2^nd respondent failed to conduct any enquiry by giving a notice to the petitioners and also affording an opportunity of hearing to them.

3. Heard learned counsel for