M/S. Gowri Associates vs The State Of Andhra Pradesh
2021 Latest Caselaw 1919 AP

[ 2570 ]

(SHOW CAUSE NOTICE BEFORE ADMISSION)
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI -_.
(Special Original Jurisdiction)

FRIDAY, THE TWENTY. FIRST DAY OF MAY, (OBES vas
TWO THOUSAND AND TWENTY ONE ee

   

: -PRESENT: sx
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR,

WRIT PETITION NO: 10445 OF 2021
Between: -- oo as
M/s. Gowri . ' Associates, D.No.32-1-237, Naidamma Hotel Bowdara Road,
Visakhapatnam Visakhapatnam District, Andhra Pradesh Re.by its Managing. Partner
Konathala Uma Maheshwara Rao, S/o late Sri Konathala Ramana, Aged about 66
years Occ- Business, R/o 57-28-13, Bhavani Gardens I.T.I Junction, Industrial Estate,
Visakhapatnam Andhra Pradesh - 530 007

Petitioner
AND .

1. The State of Andhra Pradesh, Rep. by Principal Secretary to Government
' +» Municipal Administration and Urban Development Department A.P' Secretariat,
Velagapudi, Amaravathi Guntur District, Andhra Pradesh - 522 238 "

2. The Greater Visakhapatnam Municipal Corporation, Rep. by its Commissioner

Tenneti Bhavan, Ramnagar, Visakhapatnam Andhra Pradesh - 530 002
3. The Zonal Commissioner, Zone-6, Greater Visakhapatnam Municipal
Corporation Pendurthi-NAD BRTS Express Way, Pendurthi Sai Madhava Nagar,
Vepagunta Visakhapatnam, Andhra Pradesh
4. The Chief City Planner, Greater Visakhapatnam © Municipal Corporation,
 'Asilmetta, Visakhapatnam, Andhra Pradesh
5. The Deputy City Planner, 'The Greater Visakhapatnam Municipal Corporation
Asilmetta, Visakhapatnam; Andhra Pradesh
6. The. Assistant City Planner, zone-6, Greater Visakhapatnam Municipal
Corporation, Pendurthi-NAD BRTS Express Way, Pendurthi Sai Madhava Nagar,
Vepagunta Visakhapatnam, Andhra Pradesh
7. The Town Planning Supervisor/Officer, Zone-6, Greater Visakhapatnam
Municipal Corporation, Pendurthi-NAD BRTS Express. Way, Pendurthi Sai
Madhaya Nagar, Vepagunta Visakhapatnam, Andhra Pradesh
Respondents

WHEREAS the Petitioner above named through its Advocate Sri Ghanta _
_ Sridhar presented this Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High Court may be
pleased to issue a Writ Order or any other order or direction particularly one in the
nature of Writ of Mandamus, declaring the action of the Respondents 2 to 7 in straight
away revoking the petitioners, without issuing any prior notice and also without giving
any opportunity and issuance of impugned letter No. SWO/1086/2020/1241 dated
18-05-2021, stopping the further construction as arbitrary, illegal, unconstitutional,
unsustainable and without jurisdiction.

AND WHEREAS the High Court upon perusing the petition and affidavit
filed herein and upon hearing the arguments of Sri Ghanta Rama Rao, Senior Counsel
for Sri Ghanta Sridhar Advocate for the Petitioner, GP for Municipal Administration
and Urban Development for Respondent No.1, and Sri S. Lakshminarayana Reddy SC
for Greater Visakhapatnam Municipal Corporation (GVMC) for Respondent Nos 2 to 7,
directed issue of notice to the Respondents herein to show cause as to why this WRIT
PETITION should not be admitted.
 

You viz:

1.

The Principal Secretary to Government Municipal Administration and Urban
Development Department, A.P Secretariat, Velagapudi, Amaravathi Guntur
District, Andhra Pradesh - 522 238 co

The Commissioner , Greater Visakhapatnam Municipal Corporation, Tenneti
Bhavan, Ramnagar, Visakhapatnam Andhra Pradesh- 530002

The Zonal Commissioner, Zone - 6 Greater Visakhapatnam Municipal
Corporation Pendurthi-NAD BRTS Express Way, Pendurthi Sai Madhava Nagar,
Vepagunta Visakhapatnam, Andhra Pradesh .

The Chief City Planner, Greater Visakhapatnam Municipal Corporation,
Asilmetta, Visakhapatnam, Andhra Pradesh

The Deputy City Planner, The Greater Visakhapatnam Municipal Corporation
Asilmetta, Visakhapatnam, Andhra Pradesh

The Assistant City Planner, zone-6, Greater Visakhapatnam Municipal
Corporation Pendurthi'NAD BRTS Express Way, Pendurthi Sai Madhava Nagar,
Vepagunta Visakhapatnam, Andhra Pradesh .

The Town Planning Supervisor/Officer, Zone-6, Greater Visakhapatnam
Municipal Corporation PendurthiNAD BRTS Express. Way, Pendurthi Sai
Madhaya Nagar, Vepagunta Visakhapatnam, Andhra Pradesh

are directed to show cause on or before 18-06-2021 to which date the case stands
posted as to why in the circumstances set out in the petition and affidavit filed therewith
(copy enclosed) this WRIT PETITION should not be admitted.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the writ petition, the High Court may be' pleased to
STAY | all further proceedings by suspending the impugned letter No.
SWO/1086/2020/1241 dated 18-05-2021, pending disposal of WP No. 10445 of 2021,
on the file of the High Court.

The Court made the following

ORDER:

Notice before admission.

Heard Sri. Ghanta Rama Rao, learned Senior Counsel representing Sri. Ghanta

Sridhar. Sri. S. Lakshminarayana Reddy, learned Standing Counsel for Greater

Visakhapatnam Municipal Corporation [GVMC] takes notice on behaif of Respondent

_ Nos. 2 to 7, while Government Pleader for Municipal Administration & Urban

Development takes notice on behalf of Respondent No. 1.

1) Pursuant to an order, dated 19.04.2021, in W.P. No. 8320 of 2021, wherein, a learned

Single Judge while disposing of the Writ Petition directed the Respondents not to interfere with the construction activity of the petitioner, which was being taken up pursuant to the building permission granted on 20. 01.2021, without following due process of law. It is further stated thai the Respondents are at liberty to issue appropriate notice as contemplated under law, to the petitioner, if it is found that the petitioner has encroached into the gramakantam site in the process of construction of

his apartment and take appropriate action in this regard as per law.

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2) Thereafter, the present Writ Petition came to filed stating that the authorities, : without issuing any showcause notice, issued the Stop Work Order' dated. 18.05.2021. It is urged that the construction permission is revoked as recommended by CCP, as the. land belongs to GVMC as per the G.O. Ms. No. 361 Rev (Assign-I) Department, dated 29.09.2015. .

3) In view of the above, Sri. Ghanta Rama Rao, learned Senior Counsel, would contend ; that, the authorities have no right to issue the impugned order, dated 18. 05. 2021,

without i issuing any 'showcause notice.

4). Sri. S. .Lakshminarayana Reddy, learned Standing Counsel for GVMC, on instructions, submits that on 18.05.2021, three showcause notices were issued, namely,

(i) Showcause notice to the owner of the property under Section 450 of GHMC Act directing him to explain as to why his building permission granted in the month of January 2021 should not be cancelled; (ii). Showcause notice to the licensed technical

person and; (iii) the Showcause impugned herein.

: 5), According to Sri. S. Lakshminarayana Reddy, the proceedings placed before the , court is an internal communication and the question of revoking the permission as recommended by CCP would not arise, when the showcause notice under Section 450 of "GHMC Act was issued calling upon the Petitioner to explain as to why his 'building

permission cannot be cancelled.

_ 6). At this stage, Sri. Ghanta Rama Rao, learned Senior Counsel, submits that the last portion of the impugned proceeding indicate, 'a direction to stop further. construction immediately under the provisions of APM Act 1965 / under Section 450 of HMC Act, 1955, until further orders.

7) From the above, it is very much clear that a notice was also issued on 18.05.2021 under Section 450 of the GHMC Act, asking the Petitioner to submit his explanation~ within a week from that date. f

. 8) Sri. Ghanta Rama Rao, learned Senior Counsel, submit that he will verify and

necessary steps will be taken to submit his explanation.

9) Now Sri. Ghanta Some Rao, learned Senior Counsel submits that, the authorities were not justified in revoking the license, to which Sri. S. Lakshmi Narayana Reddy, submits ' . that there is no revocation of permission of the order and what has been referred to is only

an internal communication.

10) Be that as it may, the issue is, whether the authority was right in issuing the impugned proceedings dated 18.05.2021 i.e., stoppage of construction.

11) Sri. Ghanta Rama Rao, learned Senior Counsel, relied upon the judgment of this court

in W.P. No 40021 of 2018, and also another judgment of the learned Single Judge of Telangana High Court in W.P. No. 8306 of 2020, in support of his plea that revocation of license already granted will not arise until an order is passed pursuant to the notice issued under Section 450 of the GHMC Act. However, Sri. S. Lakshminarayana Reddy, submits that the facts in the present case and the facts in the judgments relied upon by the learned

counsel for the Petitioner are totally different.

12) Be that as it may, having regard to the circumstances of the case and the judgments relied upon, the Petitioner herein shall submit his explanation to the showcause notice dated 18.05.2021 issued under Section 450 of GHMC Act, within the period stipulated there in pursuant to which the authority concerned shall pass appropriate orders within © one week thereafter. However, having regard to the two judgments referred to, the Petitioner may proceed with the construction, making clear that any construction made shall besubject to the orders passed by the authority concerned and the Petitioner shall not claim equities thereafter.

13) Post the Writ Petition on 18.06.2021.

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Sd/-U.SivaLeela "

; DEPUTY ,)REGISTRAR I'TRUE COPY! gh | For SECTIONYOFFICER To, |

1. The Principal Secretary to Government Municipal Administration and Urban Development Department, A.P Secretariat, Velagapudi, Amaravathi Guntur District, Andhra Pradesh - 522 238

2. The Commissioner , Greater Visakhapatnam Municipal Corporation, Tenneti Bhavan, Ramnagar, Visakhapatnam Andhra Pradesh - 530 002

3. The Zonal Commissioner, Zone - 6 Greater Visakhapatnam Municipal Corporation Pendurthi-NAD BRTS Express Way, Pendurthi Sai Madhava Nagar,

Vepagunta Visakhapatnam, Andhra Pradesh

4. The Chief City Planner, . Greater Visakhapatnam Municipal Corporation, Asilmetta, Visakhapatnam, Andhra Pradesh

5. The Deputy City Planner, The Greater Visakhapatnam Municipal Corporation, Asilmetta, Visakhapatnam, Andhra Pradesh

6. The Assistant City Planner, zone-6, Greater Visakhapatnam Municipal Corporation Pendurthi-NAD BRTS Express Way, Pendurthi Sai Madhava Nagar, Vepagunta Visakhapatnam, Andhra Pradesh

7. The Town Planning Supervisor/Officer, Zone-6, Greater Visakhapatnam 'Municipal Corporation Pendurthi-NAD BRTS Express. Way, Pendurthi Sai Madhaya Nagar, Vepagunta Visakhapatnam, Andhra Pradesh (Addressee Nos 1 to 7 by RPAD- along with a copy of petition and affidavit)

8. One CC to Sri. Ghanta Sridhar Advocate [OPUC]

9. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court Of Andhra Pradesh. [OUT] .

10.One CC to Sri S. Lakshminarayana Reddy SC for GVMC, High Court of A.P., at Amaravati (OPUC)

11.One spare copy

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HIGH COURT

CPK,J

DATED:21/05/2021

NOTE: POST THE W.P. ON 18-06-2021

NOTICE BEFORE ADMISSION

WP.No.10445 of 2021

DIRECTION