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7. Learned counsel for the petitioners further submits that the respondent Nos.7 and 8 are the owners of house site vide Door No.9-222, Sreeramulu Peta Street, Proddatur, YSR Kadapa District. They acquired permission from the municipal authorities for construction of house on their house site on 19.07.2019 and started construction. While raising construction, they deviated from the building plan and also dig certain part, abutting the petitioners building, which was objected by the petitioners. The petitioners also approached the respondent No.3, the Municipal Commissioner of Proddatur Municipality vide complaint dated 21.09.2020 followed by subsequent complaints. Upon the petitioners' complaint, the respondent Nos.7 and 8 were issued notice/provisional order under Section 217 (1) & (2) and Section 340 (a) of the Andhra Pradesh Municipalities Act, 1965 (for short, the Act 1965). Thereafter the confirmation notice dated 01.10.2020 was also issued to those respondents. Since no further action was taken pursuant to the aforesaid provisional order/notices, the present petition was filed.

11. It transpires from the record as also the submissions advanced that on the petitioners' complaint the order under Section 217 (1) & (2) of the Andhra Pradesh Municipalities Act, 1965 was passed on 21.09.2020, mentioning the deviations in the construction of the building by the respondent Nos.7 and 8 contrary to the sanctioned plan and requiring those respondents to stop the construction work as also to remove the deviation portion immediately. Time was also granted to them to file reply as to why the provisional order be not confirmed. Subsequently, the confirmation notice dated 01.10.2020 was again issued to the respondent Nos.7 and 8 under Section 217 (1) & (2) of the Act 1965, mentioning that they did not respond to the provisional order/notice dated 21.09.2020. Any reply was not filed and the constructions/structure was unauthorized without prior permission and if the same is not removed/demolished the provisional notice shall be confirmed under section 217 (3) of the Act, 1965.

20. Submission of the petitioners' counsel that the building construction is not as per the building plan and there are deviations as found in the provisional order as also the submission to the contrary of the learned counsel for the respondent Nos.7 and 8 are not being considered for the time being in the present petition as the matter is already pending before the Commissioner.

21. The provisional notice shows that the respondent Nos.7 and 8 were directed to stop the construction work.