Andhra Pradesh High Court
WP/26413/2015 of Ningibothu Subrahmanyam S/o late Pydanna Vs State of Andhra Pradesh on 19 July 2026
Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010540632015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO:
HN, J
W.P.No.26413_2015
Date of reserved for orders :
Date of pronouncement :
Date of uploading :
APHC010540632015
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 20th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 26413/2015
Between:
1. NINGIBOTHU SUBRAHMANYAM S/O LATE PYDANNA, R/O DOOR
NO.8-22-1 LANE, BALAJI NAGAR, THOTAPALEM, VIZIANAGARAM
DISTRICT.
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH, REP., BY THE PRINCIPAL
SECRETARY,
MUNICIPAL
ADMINISTRATION
DEPARTMENT,
SECRETARIAT, HYDERABAD.
2. THE
VIZIANAGARAM
MUNICIPALITY,
REP.,
BY
ITS
COMMISSIONER, VIZIANAGARAM.
3. THE TOWN PLANNING OFFICER, VIZIANAGARAM MUNICIPALITY, VIZIANAGARAM.
...RESPONDENT(S):
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 toto issue an order or direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in interfering with the petitioner's construction activity in an extent of 427.82
sq. yards in Sy. No.70/1C of Vizianagaram Bit-1, Vizianagaram, and not approving the petitioner's building plan approval application submitted on
HN, J
W.P.No.26413_2015
5.1.2008 is contrary to the orders of this Hon'ble Court passed in WP
No.26772 of 2007 dated 14.12.2007 and the respondent authorities trying to demolish the petitioner's building is arbitrary, illegal, null and void and against norms of public policy and principles of natural justice and contrary to the provisions of Section 214 of Municipalities Act and consequently to direct the respondent authorities not to interfere with the petitioners construction of the building and to pass IA NO: 1 OF 2015(WPMP 34314 OF 2015
in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to interfere with the petitioner's construction of building in an extent of 427.82 sq. yards in Sy.No.70/1C of Vizianagaram Bit-1, Vizianagaram as per plan submitted, pending disposal of the above writ petition and to pass IA NO: 4 OF 2015(WPMP 157898 OF 2015
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2025
in the affidavit filed in support of the petition, the High Court may be pleased may be pieased to grant leave for filing counter and pass Counsel for the Petitioner:
1. VENKATESWARA RAO GUDAPATI
Counsel for the Respondent(S):
1. M Krishna Rao SC for skl vzm kkd Municipal Corporations
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
HN, J
W.P.No.26413_2015
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ORDER:
1. The petitioner has filed the present writ petition, aggrieved by the action of the respondent authorities in allegedly interfering with the construction activity undertaken by the petitioner. It is submitted that the petitioner had submitted an application dated 05.01.2008 seeking approval of the building plan.
2. This Court, vide order dated 20.08.2015, taking note of the fact that the petitioner’s application for building permission was pending consideration, directed the respondent Corporation not to demolish the existing structures. At the same time, this Court further directed the petitioner not to undertake any further construction till the said application was disposed of.
3. It is submitted that Building Application No.505/2007/G2, dated 03.09.2007, was refused. It is further stated in the counter affidavit that, in pursuance of the directions of this Court, the petitioner is not suppressed to take any further construction, and the respondents were also directed not to demolish the existing structure. It is also stated that, in violation of the interim directions of this Court, the petitioner proceeded with the construction of Ground Floor + 1st Floor, despite being specifically directed not to undertake any further construction.
4. In reply, the learned counsel for the petitioner submits that the petitioner had applied for permission to construct a building comprising Ground + 2 Floors and that, as on the date of passing of the interim order dated
HN, J W.P.No.26413_2015 20.08.2015, the stage of construction was only up to the Ground + 1st Floor, and that no further construction has been undertaken thereafter.
5. With this observation, this writ petition is disposed off by directing respondent Nos.2 and 3 to visit the petitioner’s site and ascertain whether any further development has been carried out in violation of the interim order dated 20.08.2005. In the event any further construction is found to have been undertaken subsequent to the interim order, the respondents shall be at liberty to take appropriate action in accordance with law. Insofar as the existing structure is concerned, respondent Nos.2 and 3 are hereby directed to issue a proper show-cause notice to the petitioner, duly informing the petitioner the nature of land, as pointed out by the Town Surveyor, and call upon the petitioner to submit his explanation, and thereafter take further steps in accordance with law. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:20.07.2026 NKA
Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
HN, J
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 26413 of 2015 Date: 20.07.2026
NKA