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High Court of Andhra Pradesh · body

2015 DAILYLAW 1023 (AP)

SRI ADUSUMILLI JAYAPRAKASH v. THE STATE OF AP., REP BY PRL.SECRETARY AND 10 OTHERS

PIL/351/2015 · 2026-08-19

Challa Gunaranjan, Lisa Gill

Public Interest Litigationbody2015

Judgment text

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APHC010009822015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI PUBLIC INTEREST LITIGATION NO: 351 of 2015 Bench Sr.No:-56 [3584] Sri Adusumilli Jayaprakash ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 20th August 2026 Present : Advocate for Petitioners : Mr. M. R. K. Chakravarthy Advocates for Respondents : Mr. C. Dhairya appearing vice Mrs. S. Pranathi, Spl. G.P. – R5 Mr. Goli G. V. S. Sai appearing vice Mr. S.V.S.S.Sivaram, Standing Counsel for Vijayawada Municipal Corporation – R4 GP for Home – R7 & R9 GP for Irrigation and CAD – R2 Mr. V. V. Satish, Standing Counsel for A.P.S.P.D.C.L. – R8 LISA GILL, CJ. Prayer in this writ petition reads as under: “….declaring the action of the Respondent Nos.1, 2, 4, 5 and 9 in not taking any steps against the unauthorized occupations and unauthorized constructions made in land admeasuring Ac.21.36 Cents situated in N.T.S.No.418, 419 and 420 of Vijayawada City popularly known as Swarajya Maidan (PWD Grounds) and also the encroachments in Mukkamala Naga Bhushanam Street of Vijayawada City in violation to the Master Plan, Zoning Regulations and the provisions of the Hyderabad Municipal Corporation Act, 1955, and The Indian Police Act, 1861, as illegal, arbitrary and violative of Articles 14, 21 and 243W of the Constitution of India and consequently to direct the Respondent Nos.1, 2, 4, 5 and 9 to forthwith evict the unauthorized occupants and remove the unauthorized 2 P.I.L. No.351 of 2015 constructions made in the above said land and encroachments on Mukkamala Naga Bhushanam Street of Vijayawada City and restore the same for the use for which it is earmarked in the Master Plan, Zoning Regulations of the 5th Respondent and ….” 2. Learned counsel for petitioner does not deny that, as on date, on the premises known as Swarajya Maidan (PWD Grounds), Dr. B. R. Ambedkar Smriti Vanam (Memorial Grounds) has been developed and is being maintained as such. Other encroachments as alleged are stated to have been removed. 3. However, learned counsel for petitioner (petitioner is stated to have unfortunately passed away in June 2025 itself) submits that development of area as above by itself is a violation of Zoning Regulations. 4. Be that as it may, in our considered opinion, we do not find any justification in continuation of present proceedings, which are, accordingly, closed. Issues as being raised by learned counsel for petitioner today are kept open to be decided in appropriate proceedings. No costs. Consequently, connected miscellaneous applications, if any, shall stand disposed of. LISA GILL, CJ CHALLA GUNARANJAN, J Whether the order is Speaking/Reasoned : Yes Whether the order is Reportable : Yes / No kbs 3 P.I.L. No.351 of 2015 78 HON’BLE MRS. JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN P.I.L. No.351 of 2015 Dt: 20.08.2026 kbs