EDARLAPALLI BALA SUBRAHMANYAM Vs. STATE OF A.P.

JUDGEMENT

(1.) Heard Sri.P.Veera Reddy, the learned Senior Counsel for the 1st petitioner, the learned counsel for the 2nd petitioner, the learned Standing Counsel for the respondent Nos.2 to 4 and the learned counsel for the 5th respondent.

(2.) The learned Senior Counsel for the 1st petitioner submits that the petitioners were issued notice under Sec. 452(1) and 461(1) read with Ss. 428 and 429 of the Andhra Pradesh Municipal Corporation Act, 1955, dtd. 12/12/2024. It is submitted that the petitioners are bonafide purchasers of shop rooms constructed on the cellar/stilt floor of Madhuri Manor Apartments, East Point Colony, Visakhapatnam. It is submitted that the 1st petitioner purchased two shop rooms vide a registered sale deed dtd. 11/10/1999. The father of the 2nd petitioner also purchased four shops vide a registered sale deed dtd. 17/3/1998. It is further submitted that the 2nd petitioner's father executed a gift deed in favour of the 2nd petitioner on 6/2/2007.

(3.) It is submitted that the petitioners are assessed for property tax and have been paying property tax ever since the purchase of the shops. It is also submitted that the petitioners have let out the shops to their tenants, who are carrying on their business without any interference. The petitioners have relied on the sanctioned plan filed along with the writ petition as Ex.P6 and submit that they are in legal possession and enjoyment of the said property. It is submitted that at the behest of the 5threspondent, the 2nd respondent issued the impugned notice. It is further submitted that the 1st petitioner submitted an application for regularization of the shops and that even as per the latest G.O.Ms.No.225 dtd. 12/11/2025, the State Government has introduced a scheme for regularizing unauthorized constructions.