Andhra Pradesh High Court
WP/21164/2025 of Vedulapurapu Venkateswar Rao, Vs The State of Andhra Pradesh, on 15 July 2026
reserved for orders : NIL Date of pronouncement :16.07.2026 Date of uploading : 2 APHC010414212025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE 16 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21164 Between: 1. VEDULAPURAPU VENKATESWAR RAO,, S/O.
Date of reserved for orders : N
Date of pronouncement :1
Date of uploading
: 2
APHC010414212025
IN THE H
(
THURSDA
THE HONOU
WRIT
Between:
1. VEDULAPURAPU VE
SYDAIAH AGED ABO
NAGAR VANASTH
DISTRICT TELANGA
2. VEDULAPURAPU RA
RAO AGED ABOUT
NAGAR VANASTH
DISTRICT TELANGA
1. THE STATE OF AN
SECRETARY, DEP
AND
URBAN
DEV
VELAGAPUDI, AMAR
2. THE
GUNTUR
MU
MUNICIPAL COMMIS
3. POTHURI MANJULA
HOUSEWIFE R/O.
LINE, SRI KRISHNA
GUNTUR, GUNTUR D
4. RAVIPUDI NEELIMA
YEARS, OCC HOUS
ENCLAVE, 1ST LIN
NIL
6.07.2026
23.07.2026
HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
AY, THE 16th DAY OF JULY 2026
PRESENT
URABLE SRI JUSTICE HARINATH.N
PETITION NO: 21164 of 2025
ENKATESWAR RAO,, S/O. VEDULA
OUT 64 YEARS, R/O. 5-5-325/262, PRA
HALIPURAM, HAYATHNAGAR, RANG
ANA - 500070
AHUL DEV RAGHURAM,, S/O. VENKA
T 35 YEARS, R/O. 5-5-325/262, PRA
HALIPURAM, HAYATHNAGAR, RANG
ANA - 500070
...PETIT
AND
NDHRA PRADESH, REP. BY ITS P
PARTMENT OF MUNICIPAL ADMINIS
VELOPMENT
SECRETARIAT
BU
RAVATI, GUNTUR DISTRICT.
UNICIPAL
CORPORATION,
REP.
SSIONER, GUNTUR
W/O SIVA PRASAD, AGED 51 YEA
FLAT. NO.201, RAJYALAXMI ENCL
A DEVARAYA NAGAR, TURAKAPALE
DISTRICT -522 006.
A W/O RAMANJANEYULU, AGED 50
SEWIFE, R/O. FLAT. NO.202, RAJ
NE, SRI KRISHNA DEVARAYA
APURAPU
ASHANTH
GAREDDY
ATESWAR
ASHANTH
GAREDDY
TIONER(S)
PRINCIPAL
STRATION
UILDINGS,
BY
IT'S
ARS, OCC
AVE, 1ST
EM ROAD,
0 YEARS,
JYALAXMI
NAGAR,
TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006.
5. MANJULA HYMAVATHI W/O VENKATESWARLU, AGED 59 YEARS, OCC HOUSEWIFE, R/O. FLAT. NO. 301, RAJYALAXMI ENCLAVE, 1ST LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM
ROAD, GUNTUR, GUNTUR DISTRICT -522 006.
6. PULAGAM SUVARNA W/O RAMESH BABU, AGED 47 YEARS, OCC
HOUSEWIFE, R/O. FLAT. NO. 302, RAJYALAXMI ENCLAVE, 1ST
LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006
7. MOVVA DINESH KUMAR S/O MURALI KRISHNA, AGED 34 YEARS, OCC BUSINESS, R/O. FLAT. NO. 40, RAJYALAXMI ENCLAVE, 1ST
LINE, SRI KRISHNA DEVARAYA NAGAR, TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT -522 006.
8. TUPAKULA SRINIVASA RAO S/O GURAVAIAH, AGED 44 YEARS, OCC BUSINESS, R/O FLAT NO.102, RAJYALAXMI ENCLAVE, 1ST
LINE, SRI KRISHNA DEVARAYA NAGAR,TURAKAPALEM ROAD, GUNTUR, GUNTUR DISTRICT - 522 006. RR 3 TO 8 ARE
IMPLEADED AS PER THE COURT'S ORDER DT.27.10.2025 IN
I.A.NO.02 OF 2025.
...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 to issue writ. order, direction, more particularly in the nature of writ of mandamus declaring the action of respondent no.2 in issuing the notice vide notice no. 001/105/1021/GMC/UC/2025 dated. 29-07-2025 U/S. 452(1) and 461(1) of APMC Act, 1955 thereby directing to stop further construction of RCC structure on the top floor existing in an extent of 11.84 sq.m situated at D.No. 7-4-161/1, T.S.NO. 244 A/3, srikrishna devaraya nagar, Guntur and proceeding to demolish the said RCC structure without receiving the petitioner's reply dated 04-08-2025 as illegal, arbitrary, unconstitutional and in violation of principles natural justice, article 14, 21, 300-A of Indian Constitution and consequently to set aside the provisional order vide notice no. 001/105/1021/GMC/UC/2025 dated. 29-07-2025
IA NO: 1 OF 2025
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 to direct the respondent no.2 to not to take any coercive steps against the petitioner building/RCC Structure situated at D.No. 7-4-161/1, T.S.NO. 244
A/3 srikrishna devaraya nagar, Guntur , pursuant to notice no.
001/105/1021/GMC/UC/2025 dated. 29-07-2025 U/S. 452(1) and 461(1) of .
APMC Act, 1955 pending disposal of the above writ petition IA NO: 2 OF 2025
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 to implead the petitioners herein or proposed Respondent Nos.3 to 8 herein as party Respondent Nos.3 to 8 in W.P.No.21164 of 2025 and the miscellaneous applications therein and pass IA NO: 3 OF 2025
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 to dispense with the filing of the certified copy of the order dated.24-11-2025
before this hon’ble court and pass
IA NO: 4 OF 2025
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 to modify the order dated. 24-11-2025 by directing the respondent no.2 to maintain status quo w.r.t the subject property situated at D.No. 7-4-161/1, T.S. No. 244 A/3, Sri Krishnadevaraya Nagar, Guntur, until disposal of the application vide; no. BPS2025/GNT/GNT/3/000034 dated. 18-11-2025 and pass Counsel for the Petitioner(S):
1.PILLIX LAW FIRM
Counsel for the Respondent(S):
1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)
2.OMKAR D
3.GP MUNCIPAL ADMN AND URBAN DEV AP
The Court made the following:
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 21164 of 2025
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ORDER:-
The present Writ Petition is filed challenging the action of the Respondent No.2 in issuing the Notice, dated 29.07.2025 under Section 452(1) and 461(1) of Andhra Pradesh Municipal Corporations Act, 1955.
2. Learned counsel appearing for the Petitioners submits that the Respondent No.2 has directed the Petitioners to stop further construction of RCC structures on the top floor. The Respondents are trying to demolish the structures without issuing any notice by ignoring the reply submitted by the Petitioners.
3. This Court initially granted status quo, vide order, dated 07.08.2025. Thereafter, the order was vacated on 24.11.2025. The impleaded Respondents have informed the Court that the Petitioners are trying to offered to sell unauthorized pent house to prospective buyers. On considering the submissions, this Court has vacated the interim order and left it open for the Respondent No.2 to take proper action for restoring the terrace area, which is a common area and that all the flat owners have equal rights therein.
4. Today when the matter is taken up for hearing, learned Standing Counsel for the Respondent No.2 has placed on record the written instructions as received. It is submitted that the subject building and construction has been regularized, vide proceedings, dated 03.02.2026. It is also stated in the instructions that the Petitioner had sold 39 Sq.yds undivided, unspecified share in the total site area of 352 sq.yds to the 8 flat owners and he retained 40 Sq.yds of undivided, unspecified share in the total land. As such, Respondent No.2 has observed that terrace is not a common area and that pent house is eligible for regularization.
5. Learned counsel for impleaded Respondents submits that the finding of the Respondent No.2 is contrary to law and as per Section 3(d)(II) of the A.P. Apartments (Permission of Construction and Wwnership) Act and Rules, 1987, the terrace is a common area and that landlord or any flat owner cannot have exclusive right over the same.
6. Be that as it may, it is left open for the impleaded Respondents to take appropriate steps by challenging the subsequent proceedings of regularization. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
7. Pending miscellaneous petitions, if any, shall stand closed.
____________________ JUSTICE HARINATH.N Date: 16.07.2026 KK Whether the order is: Speaking
Reasoned ☑ Reportable
Non-reportable ☑