THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction^^ THURSDAY, THE TWENTY SECOND DAY OF MAY 4^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 13799 OF 2025 Between: Thota Kasi Viswesw^ Rao, S/o.Thota Peda Nancharaiah, aged about 70 years, R/o.D.No.61-10-3, Sai Suguna Public School backside, Nagedra Nagar, Ramalingeswara Nagar, Vijayawada-13. ...PETITIONER AND 1. The State of Andhra Pradesh, Through the Principal Secretary, Municipal Administra'fion and Urban Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Vijayawada Municipal Corporation, Rep. by Its Municipal Commissioner, Vijayawada, NTR District. 3. The Asst. City Planner -III, Vijayawada Municipal Corporation, Vijayawada, NTR District. 4. V.V.Basavaiah, S/o.V.V.Subbarao, aged about 66 years, R/o.D.No.40- 24-17/1, Beside G.K.Towers, Jasti Veedhi, patamatalanka, Vijayawada NTR District. / ...RESPONDENTS 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents under proceedings bearing Rc.G6-113866/2022, dt 12- 05-20'i^5, where under directing the Petitioners herein to remove the cattle shed situated in R-S-No"^ of Ramalingeswara Nagar, Vijayawada-13, NTR District, in an extent of 45o'^q. Yards is arbitrary, illegal. Capricious and violative of provisions of A.P.Municipal Corporation Act and contrary to the order dt. 18-03-'2^25 in W.P.No. 6858 of 2025 and order dt 20-0^025 in W.P.No i'^706 of 2022 and consequently set aside the proceedings dt. 12-05-2025. \/ lA 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 may be pleased to grant stay ^all further proceedings including removal of cattle shed in the land of an extent of 450 Square Yards in Survey No43 of Ramalingeswara Nagar, Vijayawada-13, NTR District, by suspending the operation of the impugned proceedings dated 12-05-2025 issued by the 3rd Respondent, pending disposal of the above writ petition Counsel for the Petitioner: SRI SAI GANGADHAR CHAMARTY ^ Counsel for the Respondent No.1: GP MUNICIPAL ADMINISTARATION AND URBAN DEVELOPMENT aK^ Counsel for the Respondent No.2 & 3: SRI A.S.C.B^OpE^fSC FOR VMC) '1 K' *• • >• #•- ■; j. Counsel for the Respondent No.4: SRI K.V.ADITYA CHOWDARY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION N0.13799/2025 ORDER: Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners, learned Government Pleader for Municipal Administration appearing for the 1^' respondent, Sri A.S.C.Bose, learned Standing Counsel for respondents 2 and 3 and Sri K.V.Aditya Chowdary, learned counsel for the 4**^ respondent. The limited grievance of the petitioners in the present writ 2. petition is that this Court, on earlier occasion by disposing W.P.No.6858 of 2025, directed the petitioners to submit explanation to the impugned notice dated 10.03.2025 and thereafter, the respondents therein were to pass appropriate orders after putting the petitioners on notice, in violation of the same, the present impugned order dated 12.05.2025 has been passed. It is also submitted that though the petitioners have submitted letter dated 29.03.2025, seeking to furnish copy of complaint dated 18.07.2022 and also Town Surveyor report dated 22.07.2022-, to enable them to submit explanation in terms of the orders passed by this Court, straight away, the impugned brder has been passed. 2 \ 3. The learned Standing Counsel appearing for respondents 2 and 3, on instructions, submits that the 18.07.2022 and also Town Surveyor will be provided to the petitioners within copies of complaint dated report dated 22.07.2022, a period of two weeks from today, and on furnishing the same, let the petitioners submit explanation, which will be considered in accordance with law. 4. In view of the aforesaid submissions, it is suffice to dispose of thp writ notitir^n ^ a. h ■ ■ r—— v.iui a Uiicuiiuii lu 106 respoodeots 2 and 3 to furnish the copies of complaint dated 18.07.2022 and Town Surveyor report dated 22.07.2022, within a period of two weeks from today and on furnishing the same, the petitioners permitted to submit explanation within a period of two weeks thereafter and the respondents, after giving opportunity of hearing to the petitioners, shall with law. are pass appropriate orders in accordance Till such time, the respondents shall not take coercive steps against the petitioners with respect to the subject property. any 5. With the above directions and observations. Petition is disposed of. No order as to costs. the Writ \ 3 As a sequel thereto, interlocutory applications, if any 6. pending, shall also stand closed. Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// / To, 1. The State of Andhra Pradesh, Through the Principal Secretary, Municipal Administration and Urban Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Municipal Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District. 3. The Asst. City Planner -III, Vijayawada Municipal Corporation, Vijayawada, NTR District. 4. One CC to Sri Sai Gangadhar Chamarty Advocate [OPUC] 5. One CC to Sri K.V.Aditya Chowdary, Advocate [OUT] 6. One CC to Sri A.S.C.Bose, Standing Counsel [OUT] 7. Two CCs to GP Muncipal Administration and Urban Development AP, High Court of Andhra Pradeshr[OUT] 8. Two CD Copies MBT HIGH COURT DATED:22/05/2025 ORDER WP.No.13799 of 2025 5 2 E MAY 2025 a^ . Currmi Mcuon . DISPOSING THE W.P WITHOUT COSTS