Yuvajana Sharamika Rythu Congress … vs The State Of Ap on 15 May, 2025

Andhra Pradesh High Court – Amravati

Yuvajana Sharamika Rythu Congress … vs The State Of Ap on 15 May, 2025

 APHC010274452025

                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                 [3506]
                             (Special Original Jurisdiction)

                    THURSDAY, THE FIFTEENTH DAY OF MAY
                      TWO THOUSAND AND TWENTY FIVE
                                 PRESENT
         THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN
                        WRIT PETITION NO: 13421/2025
Between:
Yuvajana Sharamika Rythu Congress Party (YSRCP) and ...PETITIONER(S)
Others
                                   AND
The State Of Ap and Others                             ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. Y NAGI REDDY
Counsel for the Respondent(S):

1. GP FOR MUNCIPAL ADMN URBAN DEV

2. GP FOR REVENUE
The Court made the following ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for

the following relief/s: –

” to issue a Writ, Order Direction, more particularly one in
the nature of a Writ of Mandamus, declaring the action of
Respondent No.3 in issuing the impugned Confirmation Order
bearing Roc.No.02/1070/MTM/2025, dated 09.05.2025,
directing demolition within seven (7) days of the erected
building structure situated at R.S.No.371-A1, S.W. No.IV,
Edepalli area, Machilipatnam Town, within the limits of the
Machilipatnam Municipal Corporation, as arbitrary, unilateral,
politically motivated, violative of the principles of natural
justice, and infringing upon the fundamental rights guaranteed
under Articles 14, 19(1)(c), 21, and 300-A of the Constitution
of India and as being in violation of the orders passed in
W.P.No.13396 of 2024 and Batch, dated 04.07.2024, and in
contravention of the provisions of the A.P. Metropolitan
Region and Urban Development Authorities Act, 2016, the
A.P. Building Rules, 2017, and the A.P. Municipal
Corporations Act, 1955 and consequently, it is prayed that this
Hon’ble Court may be pleased to set aside the impugned
Confirmation Order issued by Respondent No.3 vide
Roc.No.02/1070/MTM/2025, dated 09.05.2025, and/or pass
such order or order(s)….”

2. Heard Sri Y. Nagi Reddy, learned counsel for the petitioners, learned

Government Pleader for Municipal Administration for respondent No.1,

learned Government Pleader for Revenue for respondent No.2, Sri A.S.C.

Bose, learned Standing Counsel for Municipal Corporation/respondent No.3

and Sri Ganesh Babu, learned counsel for the respondent No.4.

3. Sri A.S.C.Bose, learned Standing Counsel for respondent No.3 has

placed written instructions on record, stating that the respondent No.3 has
decided to withdraw the provisional notice vide Roc.No.2482/2024/G2, dated

26.06.2024 and consequential confirmation order vide Roc.No.02/1070/

MTM/2025, dated 09.05.2025, with liberty to issue fresh notice, if need be,

there.

4. In view of the aforesaid statement made in the written instructions, as

the respondent No.3 has decided to withdraw the impugned confirmation

order as well as the provisional notice, cause in the writ petition does not

survive.

5. Therefore, the Writ Petition shall stand closed, with liberty to the

respondents, if need arises to issue fresh notices by following due process of

law. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

______________________________________
JUSTICE CHALLA GUNARANJAN

Date: 15.05.2025
KBN/CVD