APHC010361112025 MM INJHE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction). MONDAY.THE TWENTY EIGHTH DAY OF JULj TWO THOUSAND AND TWENTY FIVE , PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18404 OF 2025 Between: Padala KalyanI, d/o Padala Rama Dasu, aged about 48 years, R/o. #783, Pool Bhag colony. Near APCO Bhavan, Vizianagaram. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary (MA & UD), Secretariat buildings, Velagapudi, Amaravathi. 2. Vizianagaram Municipal Corporation, Vizianagaram. 3. The District Collector, Vizianagaram District, Vizianagaram. 4. The Station House Officer, Vizianagaram Town-ll PS, Vizianagaram. '--' 5. Ambedkar Ashok, S/o Musalayya, aged about 55 years, R/o 762, Bit No. II, Phool Bagh colony, Vizianagaram.'-" 6. The Superintendent Engineer, APEPDCL Ltd., Vizianagaram. "" Rep its Commissioner, ...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 a Writ order or direction more particularly one in nature of Writ of Mandamus, to declare the action of the respondent officials respondent in not considering my representation dated net particularly 2 f 11.04.2025 requesting to take action against the illegal construction and unlawful usage of the building raised by the 5th respondent in Door No. 762 of Pool Bhag colony, Vizianagaram on road margin and open space of the layout causing sever inconvenience to the residents and devotee of Lord Anjaneya temple, as illegal, arbitrary, violative of provisions of AP Municipal Corporation Act and contrary to Articles 14 and 21 of Constitution of India and consequently COMMAND the respondent to unauthorised structure, in the interest of justice : ^ 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 to direct the 2"^^ respondent to consider my representation dated 11.64 2025 requesting to take action against the illegal construction and unlawful of the building raised by the 5‘^ respondent in Door No. 762 of Pool Bhag colony, Vizianagaram on road margin and open space of the layout, forthwith, in the interest of justice. Counsel for the Petitioner: SRI J.V.PHANIDUTH Counsel for the Respondent No.1 :GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI M. KRISHNA RAO, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.3:GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME Counsel for the Respondent No.5:-- Counsel for the Respondent No.6:SRI V. V. SATISH (SC for APEPDCL) The Court made the following order: demolish the subject usage APHC010361112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18404/2025 Between: 1.PADALA KALYANI,, D/0 PADALA RAMA DASU, AGED ABOUT 48 YEARS, R/0 783, POOL BHAG COLONY NEAR APCO BHAVAN, VIZIANAGARAM. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT BUILDINGS, SECRETARY (MA AND UD), VELAGAPUDI,AMARAVATHI. 2.VIZIANAGARAM MUNICIPAL CORPORATION, REP ITS COMMISSIONER, VIZIANAGARAM. 3.THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 4.THE STATION HOUSE OFFICER, VIZIANAGARAM TOWN-LL PS, VIZIANAGARAM. 5.AMBEDKAR ASHOK, , S/0 MUSALAYYA, AGED ABOUT 55 YEARS R/0 762, BIT NO. II, PHOOL BAGH COLONY, VIZIANAGARAM. 6.THE SUPERINTENDENT ENGINEER, APEPDCL LTD., VIZIANAGARAM. ...RESPONDENT{S); 2 Counsel for the Petitioner: 1.J.V.PHANIDUTH Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3. VV SATISH (SC for APEPDCL) 4.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following; 3 ORDER:- The petitioner is aggrieved by the inaction on the part of the 2"'^ respondent in disposing of the petitioner’s representation dated 11.04.2025. It is submitted that the 5'^^ respondent has raised a building on the road 2. margin by encroaching upon the drainage, causing severe inconvenience to the residents of the area. In this regard, the 2^^ respondent has also filed a St complaint vide STC No. 53 of 2013. The learned 1 Additional Judicial Magistrate of First Class-cum-l Additional Junior Civil Judge, Vizianagaram, found Accused Nos. 1 and 2 guilty of the alleged offences under Section 13(4) and Section 42(1) r/w Section 41 of the A.P. Urban Area (Development) Act, 1975, and under Sections 209, 211, 213, and 344(10) of the A.P. Municipalities Act, 1965, and sentenced them to pay a fine of Rs. 5,000/- each. It is submitted that the subject of the criminal complaint filed by the 2^^ respondent is also the subject matter of the issue raised by the petitioner, which is causing inconvenience to the residents of the area. 3. 4. Accordingly, this writ petition is disposed off at the admission stage, directing the 2^^ respondent to consider the representation of the petitioner in accordance with law. At any rate, the said representation shall be disposed off within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary (MA and UD), State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi. Commissioner, Vizianagararri Municipal Corporation, 2. The Vizianagaram. The District Collector, Vizianagaram District, Vizianagaram. The Station House Officer, Vizianagaram Town-ll P.S, Vizianagaram. 5. The Superintendent Engineer, APEPDCL Ltd., Vizianagaram. 6. One CC to Sri J.V.Phaniduth, Advocate [OPUC] ’ 7. One CC to Sri M. Krishna Rao, SC for Municipal Corporations[OPUC] 8. One CC to Sri V. V. Satish (SC for APEPDCL) [OPUC] 9. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 12. Two CD Copies. 3. 4. ssb Niir HIGH COURT DATED:28/07/2025 ORDER WP No.18404 OF 2025 Z2 AUR 20?^ ^ . Curreni beciion ^ ^*55:6£esPATCV^^5-^ a: mi o eo •4*/ DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS