APHC010300732024 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15129/2024 Between: 1. ANJANEYARAJU NAGAR PLOT OWNERS WELFARE ASSOCIATION, S.NO.31-17-1/3, SAICHANDRA ENCLAVE, KURMANNAPALEM, VISAKHAPATNAM REPRESENTED BY ITS SECRETARY SRI.N.SRINIVAS REDDY, S/O LATE SURYA NARAYANA REDDY HINDU, AGED 56 YEARS, R/O 50 AKKAYYAPALEM, VISAKHAPATNAM 1. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM REPRESENTED BY ITS COMMISSIONER, S JAIL ROAD, DWARAKANAGAR, VISAKHAPATNAM 2. ZONAL COMMISSIONER, GVMC, ZONE CHINNAGANTYADA, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM 530026 Counsel for the Petitioner: 1. S RAJAN Counsel for the Respondent(S): 1. J DILEEP KUMAR The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 15129/2024 ANJANEYARAJU NAGAR PLOT OWNERS WELFARE ASSOCIATION, 1/3, SAICHANDRA ENCLAVE, KURMANNAPALEM, VISAKHAPATNAM REPRESENTED BY ITS SECRETARY SRI.N.SRINIVAS REDDY, S/O LATE SURYA NARAYANA REDDY HINDU, AGED 56 YEARS, R/O 50-92-12/3, SANTHIPURAM, AKKAYYAPALEM, VISAKHAPATNAM - 530016 ...PETITIONER AND GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM REPRESENTED BY ITS COMMISSIONER, S JAIL ROAD, DWARAKANAGAR, VISAKHAPATNAM - 530004 ZONAL COMMISSIONER, GVMC, ZONE-6 20-1-20, 100 FEET ROAD, CHINNAGANTYADA, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM ...RESPONDENT(S): Counsel for the Petitioner: Counsel for the Respondent(S): The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3457] ANJANEYARAJU NAGAR PLOT OWNERS WELFARE ASSOCIATION, 1/3, SAICHANDRA ENCLAVE, KURMANNAPALEM, VISAKHAPATNAM REPRESENTED BY ITS SECRETARY SRI.N.SRINIVAS REDDY, S/O LATE SURYA NARAYANA REDDY HIPURAM, ...PETITIONER GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM REPRESENTED BY ITS COMMISSIONER, S JAIL 20, 100 FEET ROAD, CHINNAGANTYADA, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM - ...RESPONDENT(S): 2 Order: The petitioner is aggrieved by the unilateral action of the respondents in trying to construct a graveyard by encroaching the public road admeasuring 60 feet, situated to the south of Plot No.48 in L.P. No.47 of 2004. 2. It is submitted that the petitioner had resisted earlier attempts by the respondents to encroach upon the 60-feet road and had filed W.P. No.9664 of 2010. This Court, while considering the instructions of the learned Standing Counsel for the respondent-Municipality that there was no encroachment of the 60-feet road as alleged, closed the said writ petition. It is further submitted that fresh attempts are now being made by the respondents to encroach upon a portion of the road and construct a graveyard by engaging a contractor. 3. This Court, on 25.03.2025, passed an interim direction to the respondent authorities not to proceed with any further construction by encroaching upon the 60-feet road adjoining Plot No.48 to its south in L.P. No.47 of 2004, pending further orders. 4. No counter is filed by the learned counsel appearing for the respondents, though this Court granted adequate opportunity to the respondents. 5. Considering the submissions of the learned counsel for the petitioner, and also taking into account the interim order passed by this Court, there shall be a direction to the respondents not to encroach upon the 60-feet public road 3 adjoining Plot No.48 to its south in L.P. No.47 of 2004, or proceed with any further construction of the proposed graveyard by encroaching on the public road. Any deviation from the sanctioned layout cannot be permitted. As seen from the layout plan submitted by the petitioner, there is a road adjoining Plot No.48 to its south, and an open space is located across the said road. In such circumstances, the 60-feet road adjoining Plot No.48 to its south in L.P. No.47 of 2004 cannot be disturbed. 6. With these observations, this Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 15.07.2025 PNS