Andhra Pradesh High Court - Amravati
Aitha Radhika vs The State Of Andhra Pradesh on 15 October, 2025
APHC010938832017
IN THE HIGH COURT OF ANDHRA
PRADESH
[3457]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 39896/2017
Between:
1. AITHA RADHIKA, W/O NAGENDRA, AGED ABOUT 40
YEARS, R/O 4/777, OSMANSAHEBPET, NELLORE.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED
BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
MUNICIPAL ADMINISTRATION, SECRETARIAT
BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.
2. NELLORE MUNICIPAL CORPORATION, NELLORE.
REPRESENTED BY ITS COMMISSIONER.
...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
appropriate Writ, Order or Direction more particularly one in
the nature of Writ of Mandamus declaring the action of the
2nd respondent herein directing for demolition of the
basement constructed by the petitioner in Door No. 640 and
674 in Ward No. 16-1, Opp: YMCA Ground, Jawaharlal Road,
Nellore without notice, which was constructed in accordance
with sanctioned plan is illegal, and void
IA NO: 1 OF 2017(WPMP 49462 OF 2017
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 stay the demolition
of the basement constructed by the petitioner in accordance
with the sanctioned plan in Door No. 640 and 674 in Ward
2
HN, J
W.P.No.39896 of 2017
No. 16-1, Opp: YMCA Ground" Jawaharlal Road, Nellore,
pending disposal of the above writ petition
Counsel for the Petitioner:
1. P DHARMESH
Counsel for the Respondent(S):
1. ANCHA PANDURANGA RAO
2. GP-MUNCIPAL ADMN AND URBAN DEV(AP)
The Court made the following:
3
HN, J
W.P.No.39896 of 2017
ORDER:
The writ petition was filed aggrieved by the interference of the respondent municipality in the petitioner's construction activity and the direction for demolition of the basement constructed by the petitioner.
2. This Court, by order dated 24.11.2017, granted an interim direction restraining the respondent municipality from interfering with the construction, subject to the petitioner undertaking construction strictly in accordance with the building norms and the sanctioned building permission. Further, this Court directed the petitioner to submit an undertaking to the respondent municipality that she shall not deviate from the approved building plan.
3. Learned standing counsel appearing for respondent No.2, on the basis of oral instructions, submits that the petitioner has completed the subject construction, and that any further action by the respondent municipality will be in accordance with law.
4. Recording the said submissions, the Writ Petition is closed.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N 15th October, 2025 cbn 4 HN, J W.P.No.39896 of 2017 137 HON'BLE SRI JUSTICE HARINATH.N WRIT PETITION No.39896 of 2017 15th October, 2025 cbn