S YASEEN BASHA v. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL

1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI. 522237 SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI. 522237 SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATHI. 522237 THE DISTRICT COLLECTOR, PUTTAPARTHI SRI SATYA SAI THE DISTRICT COLLECTOR, PUTTAPARTHI SRI SATYA SAI 2. THE DISTRICT COLLECTOR, PUTTAPARTHI SRI SATYA SAI DISTRICT. 515134 THE REVENUE DIVISIONAL OFFICER, PENUGONDA TOWN AND 3. THE REVENUE DIVISIONAL OFFICER, PENUGONDA TOWN AND THE REVENUE DIVISIONAL OFFICER, PENUGONDA TOWN AND MANDAL, SRI SATYA SAL DISTRICT. 534320 SATYA SAL DISTRICT. 534320 THE TAHSILDAR, , PENUGONDA TOWN AND MANDAL, SRI SATYA THE TAHSILDAR, , PENUGONDA TOWN AND MANDAL, SRI SATYA 4. THE TAHSILDAR, , PENUGONDA TOWN AND MANDAL, SRI SATYA SAI DISTRICT. 534320 SAI DISTRICT. 534320 ITS ITS THE PENUGONDA NAGAR PANCHAYAT REP, BY 5. THE PENUGONDA NAGAR PANCHAYAT REP, BY ITS THE PENUGONDA NAGAR PANCHAYAT REP, BY COMMISSIONER, PENUGONDA, SRI SATYA SAI DISTRICT. 515110 COMMISSIONER, PENUGONDA, SRI SATYA SAI DISTRICT. 515110 COMMISSIONER, PENUGONDA, SRI SATYA SAI DISTRICT. 515110 ...RESPONDENT(S): ...RESPONDENT(S): 226 of the Constitution of India praying that in the Petition under Article 226 of the Constitution of India praying that in the Petition under Article circumstances stated in the affidavit filed therewith, the High Court may be circumstances stated in the affidavit filed therewith, the High Court may be circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ, order or direction more particularly in the pleased topleased to issue a Writ, order or direction more particularly in the pleased topleased to issue a Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the act ion of the action of the nature of Writ of Mandamus declaring the action of the action of the respondent No.5 in proceeding further for demolition of shop rooms raised by respondent No.5 in proceeding further for demolition of shop rooms raised by respondent No.5 in proceeding further for demolition of shop rooms raised by us in the land in an extent of Ac.0.01 1/2 cents in Sy.No.215, Penugonda us in the land in an extent of Ac.0.01 1/2 cents in Sy.No.215, Penugonda us in the land in an extent of Ac.0.01 1/2 cents in Sy.No.215, Penugonda Town and Mandal, Sri Satya Sai District inpursuance of the Speaking Orders Town and Mandal, Sri Satya Sai District inpursuance of the Speaking Orders Town and Mandal, Sri Satya Sai District inpursuance of the Speaking Orders in Roc.No.770/2024-G1, dated 15.12.2025 issued by him instead of allowing G1, dated 15.12.2025 issued by him instead of allowing G1, dated 15.12.2025 issued by him instead of allowing me to make an application for regularization of the same under the provisions me to make an application for regularization of the same under the provisions me to make an application for regularization of the same under the provisions of The Andhra Pradesh Regularization and Penalization of Buildings of The Andhra Pradesh Regularization and Penalization of Buildings of The Andhra Pradesh Regularization and Penalization of Buildings Constructed unauthorizedly and in d eviation to the sanctioned Plan Rules, Constructed unauthorizedly and in deviation to the sanctioned Plan Rules, 2025 as arbitrary, illegal, contrary to the provisions of the Andhra Pradesh 2025 as arbitrary, illegal, contrary to the provisions of the Andhra Pradesh 2025 as arbitrary, illegal, contrary to the provisions of the Andhra Pradesh Municipalities Act, 1965 and also the well established legal principles apart Municipalities Act, 1965 and also the well established legal principles apart Municipalities Act, 1965 and also the well established legal principles apart from being violative of the fundamental and the Constitutional rights being from being violative of the fundamental and the Constitutio from being violative of the fundamental and the Constitutio guaranteed to me under Articles, 14, 19, 21 and 300 A of the Constitution of guaranteed to me under Articles, 14, 19, 21 and 300-A of the Constitution of and consequently to direct the respondent No.5 to accept the application for and consequently to direct the respondent No.5 to accept the application for and consequently to direct the respondent No.5 to accept the application for regularisation of the construction raised by me in the land in an extent of regularisation of the construction raised by me in the land in an extent of regularisation of the construction raised by me in the land in an extent of 01 1/2 cents in Sy. No.215, Penugonda Town and Mandal, Sri Satya Ac.0.01 1/2 cents in Sy. No.215, Penugonda Town and Mandal, Sri Satya 01 1/2 cents in Sy. No.215, Penugonda Town and Mandal, Sri Satya 2 Sai District by setting-aside the Orders, dated 15.12.2025 passed him and 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 pleased to stay all further proceedings inpursuance of the Speaking Orders in Roc.No.770/2024-G1, dated 15.12.2025, pending disposal of the above Writ Petition and pass 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 pleased to direct the respondent No.5 to accept my application for regularization of the construction made in land in an extent of Ac.0.01 1/2 cents in Sy.No.215, Penugonda Town & Mandal under BPS-2025 Scheme under G.O.Ms 225, dated 12.11.2025, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S):

1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36471 OF 2025 ORDER :

1. The petitioner is aggrieved by the action of the respondent authorities in proposing to demolish the demolish the construction raised by the petitioner over the land admeasuring Ac.0.01½ cents in Sy.No.215, Penugonda Town and Mandal, Sri Satya Sai District.

2. The learned counsel appearing for the petitioner submits that the respondent authorities have issued a speaking order dated 15.12.2025, whereby the petitioner was called upon to demolish the alleged unauthorized construction within a period of seven days from the date of receipt of the speaking order, failing which further action would be initiated by the respondent authorities. It is submitted that the petitioner was granted a house site patta on 31.01.1994 to an extent of Ac.0.02 cents, thereafter the petitioner constructed a small thatched house on the said property.

3. The learned counsel further submits that earlier the petitioner filed WP.No.15083 of 2024, aggrieved by the notice dated 01.06.2024 issued by the 2nd respondent therein. This Court disposed of the said writ petition by permitting the petitioner to submit his explanation by enclosing the necessary documents for the respondents therein to consider them in accordance with law. It is further submitted that the impugned proceedings dated 15.12.2025 are purportedly passed by the 5th respondent in compliance of the orders of this Court. 4

4. The learned standing counsel for the 5th respondent submits that the petitioner had not obtained any prior permission before undertaking the construction. In this regard, the learned counsel for the petitioner submits that the petitioner had submitted a representation on 12.11.2025, though the petitioner has filed the said document, there is no endorsement on it. It is also submitted by the learned counsel for the petitioner that the Government has issued a GOMs.No.225, dated 12.11.2025 facilitating regularization of the unauthorized constructions, and that the petitioner has submitted an application seeking regularization in terms of the said GO.

5. Considering the submissions of the learned counsel for the petitioner and the learned standing counsel for the 5th respondent, the writ petition is disposed off at the admission stage permitting the petitioner to submit a detailed reply and also an application seeking permission for the construction, upon payment of the requisite nominal fee.

6. Accordingly, the writ petition is disposed off, leaving it open for the petitioner to submit an application seeking regularization of construction in accordance with GOMs.No.225, dated 12.11.2025, subject to payment of requisite and applicable fee as prescribed in GOMs.No.225, dated 12.11.2025. That apart, the petitioner would have to submit an online application seeking permission for the said construction and to pay the requisite nominal fee as the said construction is on a land admeasuring Ac.0.01 ½ cents. Pending consideration of the same, there 5 shall be a direction to the respondent authorities not to take any coercive steps against the petitioner’s property. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 6 39 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36471 OF 2025 Dated 29.12.2025 KGM