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CDJ 2026 APHC 481 print Preview print print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 6862 of 2026
Judges: THE HONOURABLE MR. JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
Parties : Herial Nadeem Ahmed & Another Versus The State Of AP, Municipal Administration AND Urban Development Department, Secretariat, Rep by its Principal Secretary, Velagapudi, Amaravathi & Others
Appearing Advocates : For the Petitioners: N. Ranga Reddy, Advocate. For the Respondents: GP For Muncipal Admn Urban Dev.
Date of Judgment : 10-03-2026
Head Note :-
Constitution of India - Article 14,21,300-A -
Judgment :-

Oral Order:

1. Heard Sri N. Ranga Reddy, learned Counsel for the Writ Petitioners and Sri P. Vengal Reddy, learned Standing Counsel for Municipal Corporations for Rayalaseema Region.

2. The Writ Petitioners have sought the following prayer:

                  “….. to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned action of the 4th respondent by issuing conformation notice dt.NIL,(Served on petitioner dt.05-03- 2026) Proceedings No.NIL and initiated steps to demolish the petitioner property in Building permit No.137/2010/42 at Ward No.6, Plot No.61 & 62 in Sy.No.54 Ram Nagar, Ananthapuramu without jurisdiction and without following due procedure is highly illegal and arbitrary and violation of Article 14,21,300-A Constitution of India and consequentially set aside the conformation notice dt.NIL (Served on petitioner dt.05-03-2026) Proceedings No. NIL and pass….”

3. The present Writ Petition is filed challenging the Confirmation Notice that was served on the Writ Petitioners on 05.03.2026 (Ex.P.1).

4. It is the case of the Writ Petitioners that the Confirmation Notice has been issued by the Respondents without following the due process of law. Before going into merits, it is important to delineate some facts in this case.

5. Writ Petitioners herein are Builders who runs a Construction Company by name ‘Shiri Developers’ (hereinafter referred to as ‘Developer’). The Developer has built Apartments by name Shiri Park View Apartments in Ward No.6, Anantapuramu Municipal Corporation in Anantapuramu Town. It appears from various Orders passed by this Court (in W.P.Nos.8158 of 2015 and W.P.No.1321 of 2015), that the Developer has committed several statutory violations which also caused inconvenience and nuisance to the other flat owners. These flat owners have agitated against the constructions made by the Developer in violation of the statues and the permissions granted. In that process, disputes arose in the year 2015 between the Developer on one side and the flat owners as well as the Respondent Corporation on the other side.

6. The Flat owners who purchased the apartments in Shiri Park View Apartments have filed W.P.No.1321 of 2015 complaining of various violations committed by the Developer and sought demolition of the unauthorized structures and also to prevent further construction of such unauthorized structures in the stilt floor as well as the flats constructed over and above fourth floor. Vide Order dated 18.12.2025, the learned Single Judge of this Hon’ble Court had disposed of W.P.No.1321 of 2015 filed by the flat owners with the following directions :

                  “2. This Court while admitting the Writ Petition, granted interim direction.

                  3. The learned Standing Counsel for the 2nd respondent submits that the respondent Nos.3 to 10 have submitted an application for penalization of the unauthorized construction under G.O.Ms.No.225, dated 12.11.2025.

                  4. It is also submitted that the constructions in the stilt floor meant for parking did not come within the purview of the G.O.Ms.No.225, however, the additional floors which are sought to be regularized, would have to be considered in accordance with the G.O.Ms.No.225, dated 12.112025.

                  5. Recording the same, the Writ Petition is closed, leaving it open to the 2nd respondent to pass appropriate orders on the application submitted by the petitioners for regularization, keeping in view that any construction in the stilt floor which is exclusively meant for parking, cannot be considered for regularization and action to be taken on the illegal and unauthorized structures constructed in the stilt floor soon after the disposal of the application filed by the respondent Nos.3 to 7 by invoking G.O.Ms.No.225, dated 12.11.2025. There shall be no order as to costs.”

7. The father of the Writ Petitioner No.1 along with the wife of Writ Petitioner No.1 had filed W.P.No.8158 of 2015 when the Respondent Corporation has initiated the demolition process with respect to Flat No.603 in Shiri Park View Apartments and also some structures in the cellar portion in Shiri Park View Apartments in compliance with the Order of this Court in W.P.No.1321 of 2015 dated 18.12.2025. The prayer in the said Writ Petition would clearly indicate that the Writ Petitioners therein had challenged the proposed demolition of Flat No.603 and the structures in the cellar portion in Shiri Park View Apartments. However, the Writ Petitioners themselves (father of the Writ Petitioner No.1 and wife of Writ Petitioner No.1) have voluntarily withdrawn the Writ Petition for the reasons best known to them. Vide Order dated 22.04.2025, this court was pleased to dismiss the Writ Petition as withdrawn (Ex.P.3).

8. In view of the liberty granted by this Court vide Order dated 18.12.2025 in W.P.No.1321 of 2015, the Respondent Authorities have issued the impugned notice. Reference in the impugned notice would indicate that the Resident Welfare Association of the buyers of Apartments in Shiri Park View Apartments have made a complaint. There is also reference of Suo- moto W.P (PIL) No.15591 of 2006 dated 06.04.2007 in the impugned notice (Ex.P.1).

9. In view of the above history, and the averments of the Writ Petitioners to the effect that the Official Respondents have initiated the demolition process in violation of the Principles of Natural Justice without issuing any notice, cannot be accepted by this Court, inasmuch as the Writ Petitioners and the Developer were subjected to a series of litigation. It is pertinent to mention herein that the father of the Writ Petitioner No.1 and the wife of the Writ Petitioner No.1, who had filed W.P.No.8158 of 2015 have specifically made a prayer seeking protection of demolition of the cellar portion in the Shiri Park View Apartments. It is noted herein above that W.P.No.8158 of 2015 was withdrawn by the Writ Petitioners therein which stood recorded in the Order of this Court 22.04.2025. In this view of the matter, the Writ Petitioners are prevented from making a similar prayer in the present Writ Petition after withdrawing the earlier Writ Petition, inasmuch as the same would be barred by res judicata.

10. In this view of the matter, this Court is of the view that the present Writ Petition is not only devoid of merit but is also an abuse of process. Accordingly, the Writ Petition is dismissed at the admission stage. However, the Court had taken a lenient view by not imposing the exemplary costs since the Writ Petition is dismissed at the admission stage. No Order as to Costs.

11. Interlocutory Applications, if any, stand closed in terms of this order.

 
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