THYNALA VIJAYA KUMAR v. THE STATE OF ANDHRA PRADESH
WP/17495/2025 · 2025-07-15
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24545 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24545 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010346572025 IN THE HIGH COURT OF ANDHRA PRADESH-^ AT AMARAVATI (Special Original Jurisdiction) /4 WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE w iy PRESENT V.- THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17495 OF 2025v..^ Between: Thynala Vijaya Kumar, S/o. Musalayya, Aged about 59 years, Occ: YSRC Party WHIP, R/o. D.No.29-13-15, Lalith colony Visakhapatnam, Visakhapatnam District. Dabha gardens ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration UrbartiSevelopment Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam District. 3. The Greater Visakhapatnam Municipal Corporation, l^p., by its Commis^ner, Visakhapatnam District. 4. The presiding Officer, Greater Visakhapatnarn^Municipal Corporation (GVMC), Visakhapatnam, 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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the presiding officer, GVMC in considering and disposing of petition filed under rule 14 of rules, 2008 (filed on dt.22.04.2025) by way of speaking order is illegal, arbitrary and
f - in violation of principles of natural justice and contrary to the provisions of Greater Hyderabad Municipal Corporation Act, 1955 and Greater Hyderabad Municipal Corporation (Motion of no confidence in Mayor/Deputy Mayor) rules, 2008 and consequently direct the presiding officer, GVMC to dispose of petition filed under rule 14 of rules, 2008. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the presiding officer, GVMC to dispose of the petition filed under rule 14 of rules, 2008 (filed on dt. 22.04.2025), pending disposal of the writ petition- ' Counsel for the Petitioner: M/s. O. M. R. LAW FIRM Counsel for the Respondent Nos.1 & 2 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT - Counsel for the Respondent Nos.3 & 4 : SRI A.S.C. BOSE, SC FOR MUNICIPALITY The Court made the following order:
APHC010346572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17495/2025 Between:
1.THYNALA VIJAYA KUMAR, S/0.
MUSALAYYA YEARS, OCC YSRC PARTY WHIP DABHA VISAKHAPATNAM DISTRICT AGED ABOUT 59 R/0. D.NO.29-13-15, LALITH VISAKHAPATNAM, COLONY, GARDENS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION URBAN SECRETARIAT, VELAGAPUDI, SECRETARY, DEVELOPMENT DEPARTMENT AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 3.THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER, VISAKHAPATNAM DISTRICT. 4.THE PRESIDING OFFICER, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION (GVMC), VISAKHAPATNAM, DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated ih the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue any writ,
order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the presiding officer, GVMC in considering and disposing of petition filed under rule 14 of rules, 2008 (filed on dt.22.04.2025) by way of speaking order
2 is illegal, arbitrary and in violation of principles of natural justice and contrary to the provisions of Greater Hyderabad Municipal Corporation Act, 1955 and Greater Hyderabad Municipal Corporation (Motion of no confidence in Mayor/Deputy Mayor) rules, 2008 and consequently direct the presiding officer, GVMC to dispose of petition filed under rule 14 of rules, 2008 and pass such 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 direct the Respondents not to interfere with peaceful possession and enjoyment of the Appellants property situated at D.No. 1-36, Block No.1, Bindra Nagar, Madhurawada Village, Visakhapatnam Mandal, Visakhapatnam in Sy No. 281,281/2 in a total extent of 3638 sq yards, pending disposal of the main writ appeal and pass such Counsel for the Petitioner:
1.0 M R LAW FIRM Counsel for the Respondent(S):
1.GP FOR MUNCIPAL ADMN URBAN DEV Rural
3 The Court made the following Order:
Learned counsel for the petitioner submits that the petitioner i_ aggrieved by the inaction on part of the 4>'’ respondent is disposing the petition dated 22.04.2025 calling upon the 4"' respondent to take action petition. IS on the
2. Learned Standing Counsel for respondents 3 after receipt of notice from the petitioner, the 4"' cause notice to the concerned representations within a period of within notice. The said notice was issued on 14.07.2025
3. Recording the submissions, the 4*’ respondent is directed to pass necessary orders, as expeditiously as possible, in accordance with Rule 18 of the GVMC (Motion of No Confidence) Rules, 2008.
4. Accordingly, the Writ Petition is disposed of. No costs.
5. Pending miscellaneous petitions, if any, shall stand closed.
Sd/- M. PRABHt^r^ RAO ASSISTANT<R|0fSTRAR and 4 submits that respondent has issued show- persons calling upon them to submit their seven days from the date of receipt of //TRUE COPY// To, SECTION OFFICER Department, S^ate^'If ^Andhr^* PradS^'^^'^^'^^ Development Amaravathi, Guntur District Velagapudi, Visakhapatnam District. VGVMcT"Shap*mam,Sct. A^dh^a Pradesh Development, High Court of
8. Two CD Orpie^^ '^' (OPUC) Greater Visakhapatnam Municipal Corporation, Corporation \, Cnr
* HIGH COURT DATED: 16/07/2025
ORDER WP NO. 17495 OF 2025 ^ 0 2 SEP 2025 yg ntSectiqax<w^ <2 j DISPOSING OF THE W.P.
WITHOUT COSTS