Petitioners challenged the Municipal Corporation's inaction regarding alleged illegal constructions by a third respondent. The Court found that the construction had been regularized via a Building Permission Scheme in 2019.
Writ petition disposed of without costs based on regularization of the specific construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 12051 OF 2024
Between:
...PETITIONER(S)
AND
t
f
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court mayr be pleased to issue any writ, order, or direction more particularly one in the nature of writ of mandamus declaring the action of the 2^' respondent in not taking the action on the illegal and unauthorized constructions made by the 3 respondent at 4*^ floor of Gowri Homes Apartments in S.No. 640/2, Municipal ward 23, Aravinda Nag ar Lecturers Colony, Nellore, by considering our representation/ notice dated. 04-03-2023 as illegal, arbitrary and violation of provisions of AP Municipal Act 1955 and consequently direct the 2nd respondent to take action on the illegal and unauthorized constructions made by the 3 respondent at 4'^ floor of Gowri Homes Apartments in S.No. 640/2, Municipal ward 23 Aravinda Nagar, Lecturers Colony, Nellore, by considering our representation/ notice dated 04-03-2023.
lA NO: 1 OF 2n?4
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed i m support of the petition, the High Court may be
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pleased to direct the 2'"'^ respondent to take action on the illegal and unauthorized constructions made by the 3 respondent at 4‘^ floor of Gowri Homes Apartmentsin S.No. 640/2, Municipal ward 23, Aravinda Nagar, Lecturers Colony, Nellore,by considering our representation/ notice dated; 04-03-2023 pending disposal of the writ petition.
Counsel for the Petitioner(s):SRI. C SUBODH
Counsel for the Respondents: SRI YVSS DHARANEESH
Counsel for the Respondents: SRI KALAVA SURESH KUMAR REDDY (SC FOR MC RAYAL REGION, NELLORE)
Counsel for the Respondents: GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following:
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APHC010231162024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
[3233]
THURSDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 12051/2024
Between:
Vayalla Gopala Reddy, and Others
...PETITIONER{S)
AND
State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner(S):
1.CSUBODH
Counsel for the Respondent(S):
2
)
The Court made the following Order:
Heard the learned counsel for the petitioners, the learned Assistant Government Pleader appearing for the 2^^^ respondent and the learned counsel appearing for the 4^'^ respondent.
- This writ petition is filed questioning the action of the 2 nd respondent in not taking the action on the illegalandunauthorised constructions made by the 3'"'^ respondent at 4'^ floorofGowriHomes Apartments in survey No.640/2, Municipal Ward No.23, Aravinda Nagar, Lecturers Colony, Nellore, by considering the representation of the petitioners dated 04.03.2023.
- On the other hand, the learned Assistant GovernmentPleader appearing for the 2^^^ respondent, relying upon thewritteninstructions of the Assistant City Planner/the 2"^ respondent, dated 07.08.2024 submits that the 3'^'^ respondent obtained the building permission vide B.A.NO.1031/0412/B/NMC/ARNESN/2017, dated 25.02.2017 for the stilt+3+ground floor in survey No.640/2, Aravinda Nagar, Lecturers Colony, Nellore. But, in deviation to the sanctioned plan. Flat Nos.401 & 501 were constructed unauthorisedly which were regularized and penalized under BPS Scheme of 2019 vide BPS2019/NEL/MO/23/09120, dated 04.02.2020. Since the subject deviated construction was regularized, the allegation of the petitioners is not correct.
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- Accordingly, the writ petition is disposed of. Thereshallbeno order as to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall
stand closed. SDI- K. KASIRAO ACHARi
//TRUE COPY//
ASSISTAI^ REGISTRAR SECTION OFFICER
Two CD Copies
ss
«
HIGH COURT
DATED:07/11/2024
ORDER
WP.No.12051 of 2024
mil
ug 01| DEC 2C2't
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'v=5^ ^ Current Section ^
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the High Court should issue a writ of mandamus directing the Municipal Corporation to take action on unauthorized constructions alleged by the petitioners.
3 provisions across 3 enactments
Vayalla Gopala Reddy and Others
State of Andhra Pradesh
Nellore Municipal Corporation
Kondeti Subba Reddy
Kondeti Gowri Nanda Reddy
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
