Kodukula Subramanyam vs The State Of Andhra Pradesh
2023 Latest Caselaw 83 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.187 of 2023

JUDGMENT:-

1.    Heard Sri B.Parameshwara Rao, learned counsel for the

petitioner and learned Government Pleader for Municipal

Administration      for   the     respondent      No.1    and       Sri

S.Lakshminarayana Reddy, learned Standing counsel for the

respondent Nos.2 and 3.

2. For the order proposed to be passed issuance of notice to

the unofficial respondent Nos.4 and 5 is dispensed with.

3. With the consent of the parties counsels, the writ petition

is being decided finally at this stage.

4. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ, order or orders or direction more one particularly in the nature of writ of mandamus declaring the action of Respondents 2 and 3 issuing notice No.02/2022/ACP-VII/WPRS-493, under Sec 452(1) & 461(1) of APMC Act Though the building permission is granted vide B.A.No.1086/1696/B/Z8/BAR/2022, DT.26.04.2022 and there is no deviation from the approved plan and any threat of demolition of building bearing R/o Do.No.18-150, Bharatnagar, Visakhapatnam as illegal, void, arbitrary, motivated, untenable and

unconstitutional, against the principles of natural justice and consequently set-aside the same and direct the respondents not to interfere with the possession and enjoyment of the property building bearing Do.No.18-150, Bharatnagar, Visakhapatnam and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case."

5. With respect to the subject property, respondent Nos.4

and 5 made a complaint to the respondent No.2 that the

petitioner was raising some unauthorized construction but as

their representation was not duly attended, respondent No.5

approached this Court in W.P.No.30963 of 2022, which was

disposed of finally by this Court on 22.09.2022. The operative

portion of the order reads as under:-

"9. Consequently, it is provided that the 2nd respondent shall consider and pass appropriate orders on the petitioner's representation/Spandana Application dated 22.08.2022 in accordance with law, after affording opportunity of hearing to the respondents 4, 5 and 6, within a period of two months from the date of receipt of copy of this order along with fresh copy of the Spandana application dated 22.08.2022 before the 2nd respondent."

6. Learned counsel for the petitioner submits that the

petitioner obtained the building permit order dated 06.04.2022

and was raising construction as per the said permit but a show

cause notice dated 18.04.2022 was issued to the petitioner

under Sections 452 (1) & 461 (1) of the Andhra Pradesh

Municipal Corporation Act, 1955.

7. The petitioner has submitted the reply on 30.11.2022, but

no final orders have been passed.

8. From perusal of the order dated 22.09.2022 passed in

W.P.No.30963 of 2022 as quoted above it is evident that while

directing the respondent No.2 to consider and pass appropriate

orders on the representation of the present respondent No.5, it

was also directed that the order shall be passed after affording

opportunity of hearing to the respondent Nos.4, 5 and 6 in that

writ petition, which includes the present petitioner, within the

specified period in accordance with law.

9. Sri S.Lakshminarayana Reddy, learned Standing counsel

submits that pursuant to the direction issued by this Court the

authorities will issue notice to all the persons concerned and

after affording opportunity of hearing the order will be passed as

per law.

10. Learned counsel for the petitioner submits that on the

one hand no final order has been passed, but on the other the

authorities of the respondent No.2 are approaching for

demolition of the subject property, which submission is refuted

by Sri S.Lakshminarayana Reddy, contending that the

proceedings being pending, there is no question of demolition

without passing final order.

11. Considering the aforesaid submissions, no useful purpose

will be served in keeping the matter pending. This writ petition

is therefore being disposed of with the directions as under:-

i) The respondent No.2 shall pass appropriate orders as per

the direction in W.P.No.30963 of 2022.

ii) The petitioner's reply dated 30.11.2022 for the show

cause notice dated 18.04.2022 shall also be considered and

final order shall be passed pursuant to the notice dated

18.04.2022.

iii) Till the final decision is taken by the authority, no

coercive action will be taken pursuant to the impugned notice.

(iv) Till the final decision is taken, the petitioner shall neither

raise any further construction nor shall create any right, title or

interest in favour of any third party with respect to the subject

matter of the impugned notice.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date: 04.01.2023 Note:-

Issue C.C by 07.01.2023 B/o:- SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.187 of 2023

Date: 04.01.2023

Scs