Andhra Pradesh High Court
WP/19713/2026 of QURESH TAMBAWALA Vs THE STATE OF ANDHRA PRADESH on 16 July 2026
APHC010369512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [7230] FRIDAY, THE 17th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19713/2026 Between: 1. QURESH TAMBAWALA, S/O.MULLA SAIFUDDIN TAMBAWALA AGED 69
HN, J
W.P.No.19713_2026
APHC010369512026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE 17th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 19713/2026
Between:
1. QURESH TAMBAWALA, S/O.MULLA SAIFUDDIN TAMBAWALA
AGED 69 YEARS, R/O.D.NO. 10-3-2, TRAVELLERS BUNGALOW
ROAD, 0PP. SAMPATH VINAYAK TEMPLE, VISAKHAPATNAM - 530003
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY
MUNICIPAL
ADMINISTRATION
AND
URBAN
DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT - 522238
2. VISAKHAPATNAM
METROPOLITAN
REGION
DEVELOPMENT
AUTHORITY, REPRESENTED BY ITS COMMISSIONER, (VMRDA), UDYOG BHAVAN, SIRIPURAM, VISAKHAPATNAM-530003
3. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, VISAKHAPATNAM-530002
4. THE
ZONAL
COMMISSIONER
EAST
ZONE,
GREATER
VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPALNAM - 530002
5. THE ASSISTANT CITY PLANNER, EAST ZONE GREATER
VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM - 530002
...RESPONDENT(S):
HN, J
W.P.No.19713_2026
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 topleased to issue a Writ of Mandamus or any other appropriate writ deelaring that the aetion of the respondents 2 to 5 in proceeding with highhanded demolition and interference with the erection of the lift in the building with D.No.
10-3-2/A,
Opp.Sampath
Vinayaka
Temple,
Asilmetta/Kailashmetta, Ward No.28, Visakhapatnam which is for the benefit of the senior citizens is arbitrary, illegal and violative of Article 300A of the Constitution of India and consequently direct the respondents not to interfere or demolish the iron/steel stiaicture installed for erection of the lift in the setback area of the buildhig wltli D.No. 10-3-2/A, Opp.Sampath Vinayaka Temple, Asilmetta/Kailashmetta, Ward No.28, Visakliapatnam of tlie petitioner without following due process of law and giving opportunity of contesting the proposed action of the respondents and grant IA NO: 1 OF 2026
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 pleased to direct the respondents not to interfere/not to demolish the iron/steel structure installed for erection of the lift in the setback area of the building with D.No.
10-3-2/A,
Opp.Sampath
Vinayaka
Temple,
Asilmetta/Kailashmetta, Ward No.28, Visakhapatnam which was regularized in the year 2006 pending disposal of the writ petition.
Counsel for the Petitioner:
1. M BALANAGA SRINIVAS
Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
HN, J
W.P.No.19713_2026
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ORDER:
1. The petitioner is aggrieved by the issuance of notice dated 13.07.2026, whereby respondent No.5 has called upon the petitioner to explain as to why the unauthorized construction should not be removed, altered or pulled down within seven days from the date of receipt of the notice.
2. It is submitted that the petitioner has submitted a reply dated 15.07.2026, duly bringing to the notice of respondent No.5 that the petitioner’s property was affected by road widening during the year 2006, and that an extent of 56 ft x 37 ft was taken over for the said road widening. However, no compensation was paid to the petitioner. Thereafter, respondent No.3, vide endorsement dated 03.01.2006, regularized the construction of the petitioner. It is further submitted that the petitioner is now intending to erect a lift for facilitating senior citizens to reach the upper floors of the building.
3. It is submitted that, despite the issuance of notice and the submission of the reply, the petitioner is now under threat of demolition of the proposed lift. It is further submitted that the lift is proposed to be erected within the boundaries of the petitioner’s property.
4. The learned Standing counsel appearing for respondent Nos.2 to 5, on written instructions, submits that the petitioner has no authority to utilize the setback area for any permanent construction without obtaining any approval from the competent authority. It is also stated that the proposed lift is being
HN, J W.P.No.19713_2026 erected in the setback area of the building, which would reduce the effective open space, resulting in traffic congestion.
5. The instructions would indicate that the petitioner is erecting a lift in the side setback portion of the petitioner’s property. It is also not in dispute that the petitioner has not encroached upon the road portion.
6. Under these circumstances, the impugned proceedings calling upon the petitioner to remove the proposed lift are uncalled for.
7. The respondents shall consider the reply submitted by the petitioner, as well as the endorsement dated 03.01.2006, and pass appropriate orders in accordance with law. It is also made clear that, if the petitioner is erecting the lift within the boundaries of the petitioner’s property, the respondents shall not interfere with the petitioner’s property.
8. With the above observations, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date:17.07.2026 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: 19713 of 2026 Date: 17.07.2026
NKA