Andhra Pradesh High Court – Amravati
Rapuri Santhamma, vs The State Of Andhra Pradesh on 4 August, 2025
APHC010363532025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
MONDAY,THE FOURTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
WRIT PETITION NO: 20060/2025
Between:
1. RAPURI SANTHAMMA,, S/O.RAPURI SANTHAMMA, AGED ABOUT
61 YEARS, OCC CULTIVATION, R/O. H.N0.10-385, SETTI PALLI
ROAD, B. KOTHA KOTA TOWN AND MANDAL, ANNAMAYYA
DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT.
2. THE B KOTHA KOTA MUNICIPALITY, REP. BY ITS COMMISSIONER,
B. KOTHA KOTA, ANNAMAYYA DISTRICT
3. THE TOWN PLANNING OFFICER, B. KOTHA KOTA MUNICIPALITY,
B. KOTHAKOTA MANDAL,ANNAMAYYA DISTRICT.
...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 topleased to issue a writ of Mandamus or any other appropriate writ,
Order or Direction declare the action of Respondents 2 and 3 in refusing to
receive/ accept and process the petitioner’s application/representation for
building construction permission on Plot No. 24 in Nos. 470-2B and 470-2C of
B.Kotha Kota Town and Mandal, Annamayya District, as illegal, arbitrary,
2
violative of Articles 14, 21, and 300-A of the Constitution of India and contrary
to Sections 209 to 211 of the Andhra Pradesh Municipalities Act, 1965 and
consequently direct the Respondents to forthwith accept and process the
petitioner’s building permission application in accordance with the provisions
of the Act and the Building Bye-laws, without being influenced by unrelated
third-party litigation, unless restrained by a court of law for building
construction permission on Plot No. 24 in Nos. 470-2B and 470- 2C of B.
Kotha Kota Town and Mandal, Annamayya District
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 Respondents to forthwith accept and process the petitioner’s
building permission application in accordance with the provisions of the Act
and the Building Bye-laws, without being influenced by unrelated third-party
litigation, unless restrained by a court of law for building construction
permission on Plot No. 24 in Nos. 470-2B and 470-2C of B. Kotha Kota Town
& Mandal, Annamayya District pending disposal of the above writ petition
Counsel for the Petitioner:
1. SHAIK MEERAVALI
Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
3The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner is
aggrieved by the inaction on part of the 2nd respondent in considering the
petitioner’s representation for grant of building permission. It is submitted that
the 2nd respondent-municipality has no online portal for making an application
for grant of municipal permission. As such, the petitioner submitted a physical
representation seeking grant of building permission and also enclosed a copy
of his sale deed.
2. Learned Standing Counsel appearing for the 2nd respondent
submits that the petitioner would have to submit online application in the portal
for grant of any permission.
3. Considering the submissions, the petitioner is directed to submit a
fresh application in the absence of online portal. In the event, if the portal is
open for making an application by any prospective applicant, the petitioner
shall submit a fresh representation through the online facility. On submission
of such representation, the 2nd respondent shall consider and dispose of the
same in accordance with law.
4. With the above directions, the Writ Petition is disposed of. There
shall be no order as to costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
______________________
JUSTICE HARINATH.N
Date : 04.08.2025
BMS