Puli Venkata Nagarjuna vs A Sureenivas
2021 Latest Caselaw 2170 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                     &
            HON'BLE MR. JUSTICE NINALA JAYASURYA
                   WRIT APPEAL No. 304 of 2021
                        (Through Video-Conferencing)

Puli Venkata Nagarjuna, S/o.Puli Venkateshwarlu, Hindu,
aged above 45 years, Private Employee,
R/o.Raghavaiah House, Near Sub-Registrar Office,
Balaji Nagar, Podalakur Nellore District                         ... Appellant

                                   Versus

Dr.A.Sreenivas, S/o.A.Rajagopal, aged about 40 years,
Occ: Assisant Professor, R/o.D.No.13955 Old NCC Building,
Polimera Road, Chirala - 523 115, and others            ... Respondents

Counsel for the appellant : Mr. P.Veera Reddy, Sr. Advocate

Counsel for respondent No.1 : Mr.G.Ramakrishna Prasad, Sr. Advocate

Counsel for respondent No.2 : G.P. for MA & UD

Counsel for respondent Nos.3 & 4 : Mr.M.Santosh Reddy for Mr.Mr.M.Manohar Reddy - S.C.

Counsel for respondent No.5 : Mr.Y. Nagi Reddy, S.C.

ORAL JUDGMENT

Dt: 28.06.2021 (Arup Kumar Goswami, CJ)

Heard Mr.P.Veera Reddy, learned senior counsel assisted by

Mr.N.A.Ramachandra Murthy - learned counsel for the appellant.

Also heard Mr. G. Ramakrishna Prasad, learned senior counsel

assisted by Mr. M.R.K. Chakravarthy - learned counsel for respondent

No.1, Mr. A. Jagannadha Rao, learned Government Pleader for Municipal

Administration and Urban Development for respondent No.2,

Mr.M.Santosh Reddy, learned counsel representing Mr.M.Manohar Reddy

- learned standing counsel for respondent Nos.3 & 4 and Mr. Y. Nagi

Reddy, learned standing counsel for respondent No.5.

HCJ & NJS,J

This appeal is presented against an order dated 16.03.2021 passed

by the learned single judge in I.A.No.2 of 2021 directing respondent

Nos.2 & 3 in the writ petition, i.e. the Commissioner, Chirala Municipality

and the Town Planning Officer, Chirala Municipality, respectively, to

ensure that no further finishing or other works of any nature whatsoever

are carried on in the premises bearing No.13-9-52, Polimera Road,

Chirala, till 30.03.2021.

Mr.P.Veera Reddy, learned senior counsel for the appellant,

submits that restraint order as passed by the learned single Judge may be

modified and as the appellant had invested substantial sum of money, the

appellant may be allowed to continue to do the finishing and other works

in connection with the building in question. It is submitted by him that

the appellant will not claim any equities and any construction made may

be directed to be subject to the result of the writ petition.

Learned counsel for respondent No.1/writ petitioner opposes the

prayer made by Mr.P.Veera Reddy, learned senior counsel, and draws the

attention of the Court to paragraph 5 of the writ petition to contend that

although permission was granted for ground + 2 (two) floors, the

appellant had constructed a commercial building consisting of cellar + stilt

+ three upper floors + penthouse, without leaving any setbacks. It is also

pointed out that though it appears that a notice was issued on 28.10.2019

by the Commissioner, Chirala Municipality asking the appellant to remove

the unauthorized constructions and the pillars constructed on the third

floor, the appellant continued with the unauthorized constructions and the

Municipality remained mute spectator.

Having heard the learned counsel for the parties and on

consideration of the materials on record, we find no justification to HCJ & NJS,J

concede to the prayer made by Mr.P.Veera Reddy, learned senior counsel

for the appellant. Accordingly, we find no merit in the appeal and the

same is dismissed. No order as to costs. Pending miscellaneous

applications, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J MRR HCJ & NJS,J

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE &

HON'BLE MR. JUSTICE NINALA JAYASURYA

WRIT APPEAL No.304 of 2021

(Per Arup Kumar Goswami, CJ)

Dt: 28.06.2021

MRR