APHC010383422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20006/2025 Between: 1. CHILLA DURGA RAO, S/O. LATE SURYANARAYANA, AGED 59 YEARS, OCCUPATION MESTRI, R/O. H. NO. 9-5-42/5, PEETHALAVANIPALEM, PITAPURAM COLONY, VISAKHAPATNAM- 530020. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT SECRETARIAT VELAGAPUDI GUNTUR DISTRICT. 2. GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER VISAKHAPATNAM. 3. TOWN PLANNING OFFICER, ZONE-LL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 4. GUNDA SURI BABU, S/O LATE KRISHNA MURTHY, AGED 52 YEARS, OCC BUSINESS. MIG 11/4, PITHAPURAM COLONY, PEETHALAVANIPALEM, VISAKHAPATNAM. 5. GUNDA RAMA RAO, S/O LATE KRISHNA MURTHY, AGED 50 YEARS, OCC BUSINESS. MIG 11/4, PITHAPURAM COLONY, PEETHALAVANIPALEM, VISAKHAPATNAM. 6. GUNDA APPANNA, S/O LATE KRISHNA MURTHY, AGED 44 YEARS, OCC BUSINESS. MIG 11/4, PITHAPURAM COLONY, 2 PEETHALAVANIPALEM, VISAKHAPATNAM. ...RESPONDENT(S): 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 topleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents 1 and 2 are not taking immediate action to stop and remove the illegal constructions being made on 10 feet public thoroughfare blocking the access and passage connecting to 30 feet Road at northern side. Due to illegal construction being taken up by the respondents 3 to 5, the Petitioner, along with the other resident families and people lost access to the passage with ingress which is right of entry from 10 feet road to 30 feet Road and egress right to exit from 30 feet Road to enter into 10 feet road which in turn connects NH 26 The respondents 3 to 5 illegally and unlawfully trespassed to public place and Govt, land and encroached 10 feet road and constructed the house illegally and un-lawfully blocked the access and passage to 30 feet road thoroughfare, is highly arbitrary, bad and illegal violation of Acts and established rules and regulations and violation of 19(1), 21 of Constitution of India and consequently direct the respondents to remove the illegal constructions made on the 10 feet public road situated in front of the house of the respondents 3 to 5 situated at Pitapuram Colony, Peethalavanipalem, Visakhapatnam and pass IA 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 pleased to issue interim order of stay stopping all construction work and it related work such work which is blocking the access of 10 feet Road with 30 feet road with restrictions on Respondents No. 3 to 5 not to take up any further work till the main Writ Petition is adjudicated on the merits and please direct the respondents 1 and 2 to take immediate action to stop work at the construction site and pass Counsel for the Petitioner: 1. DHANA RAJU GUNTU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on part of the respondents 4 to 6 in allegedly occupying the ten feet road towards the northern side of the petitioner’s land. It is submitted that the respondents 4 to 6 have now started construction which would deny access to the thirty feet road to the petitioner. In this regard, the petitioner submitted a representation to the 2nd respondent for necessary action. 2. Learned Standing Counsel appearing for the 2nd respondent submits that after receipt of the complaint, the 3rd respondent had conducted a field visit and prepared a sketch of the property. The 3rd respondent has issued a report duly informing that the respondents 4 to 6 are constructing in the land as per their boundaries in their title deeds. The existing ten feet road passage which is on the northern side is intact. 3. Taking on record, the rough sketch and the endorsement of the 3rd respondent, the Writ Petition is closed. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 04.08.2025 BMS