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THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA

WRIT PETITION NO: 14620/2026

ORDER:

Heard,

Mr.Arun Showri.G, learned counsel for the petitioner, learned Assistant

Government Pleader appearing for the State and learned Standing Counsel

for the respondent No.6.

1. The limited grievance of the petitioner expressed before this

Court is that without considering the explanation submitted by the petitioner on

12.05.2026, the respondents issued Confirmation Order dated 11.05.2026,

thereby affecting the principles of natural justice, which is an integral facet of

Article 14 of the Constitution of India.

2. The contention of the petitioner, as narrated in the affidavit, is that

he is the absolute owner of the property admeasuring 350 Sq. Yards

(equivalent to 292.45 sq.meters), situated in R.S.No.174/3B, Gandigunta

Village, Vuyyuru Mandal, Krishna District, having purchased the same from

one Gottipati Brahmaiah and others under a duly registered Sale Deed

bearing Document No.1951/2021, dated 18.05.2021, in the office of the Joint

Sub-Registrar, Vuyyuru.

3. The property which is now under question is notified area of

Andhra Pradesh Capital Region Development Authority (in short ‘APCRDA’),

constituted under the Andhra Pradesh Capital Region Development Authority

Act, 2014.

4. Learned counsel for the petitioner, Mr.Arun Showri.G, would

contend that the benevolent act of the petitioner in voluntarily gifting an extent

of 14.93 Sq.yards from the said property to the Gram Panchayat for the

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purpose of road widening and public amenity, vide registered Gift Deed

bearing Document No.2324/2024, dated 17.04.2023, demonstrates the

bona fide intention of the petitioner towards the development of the area.

5. The case of the petitioner is that after the formalities were

complied with, the petitioner obtained building permission from the APCRDA

vide Permit No.1168/0564/B/VYRU/VYUR/2023, dated 24.04.2023, for

construction of an individual residential comprising Stilt + Ground + 2 floors

(S+G+2), with a sanctioned height of 12.71 meters. The said application was

accorded by the respondents only after the petitioner gifted the land for the

purpose of road widening as is evident through the registered deed executed

in favour of the respondents.

6. Learned counsel for the petitioner contends that the petitioner

disclosed to the authorities that the ground floor will be exclusively used for

professional clinic/medical facility and the 1^st and 2^nd floors as residential. He

further contends that while carrying out the construction inadvertently due to

lack of technical knowledge, the application was submitted for S+G+2 i.e.,

permission for G + 3 floors instead of the actual configuration of G + 3 + 4^th

part, which he categorized as a honest mistake and presently regularly paying

the house tax for the said building bearing H.No.6-155/1 to the Gram

Panchayat, Gandigunta, for the years 2024-2025 and 2025-2026.

7. While matter stood thus, it is represented that the petitioner

received a notice dated 19.04.2026 with nomenclature as ‘Provisional Order’

under Section 115(1) r/w Sections 108, 110, 114 and 116 of the APCRDA Act,

2014, bearing Rc.No.MAU61-DP0VUY(OTH)/19/2026-DP, alleging that the

petitioner constructed a stilt floor and part 4^th floor without obtaining

permission, and had also deviated from the sanctioned setbacks, with a

direction to show cause within 7 days, as depicted in the show-cause notice.

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8. Learned counsel for the petitioner, Mr.Arun Showri.G, would

submit that the petitioner received the show-cause notice dated 19.04.2026

only on 11.05.2026, after 22 days from the date of issuance, and immediately

gave reply on 12.05.2026, ventilating the grievance. He would further submit

that the petitioner received the Confirmation Order on 15.05.2026 which is

nomenclatured as ‘Confirmation Order’ and draws the attention of the Court to

the said Confirmation Order dated 11.05.2026 vide Rc.No.MAU61-DP0VUY

(OTH)/19/2026-DP. He would contend