IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT the honourable smt justice V.SUJATHA WRIT PETITION NO; 1985fi OF 9no/i PRADESH :: AMARAVATI JANUARY Between: Mumana Binay Santhosh Siva years, R/o. Sankar, S/o. Mumana Demudu, Aged 34 Savithri Nagar, Chinnamushidiwada D.No.10-156/1 Visakhapatnam, Visakhapatnam District. ...petitioner AND 1. The State of Andhra Pradesh . . . . Principal Secretary, Municipal Administration and Urban Development Department Buildings, Velagapudi, Guntur District. 2. The Collector, Visakhapatnam District,' 3. Greater Visakhapatnam Municipal Corporation Secretariat Visakhapatnam , Rep. by its Commissioner, Visakhapatnam District, Visakhapatnam. 4. Greater Visakhapatnam Municipal Corporation Zone - VIM, Vepagunta, Pendurthi Mandal Visakhapatnam. > Zonal Commissioner, Visakhapatnam District, 5. Senapathi Sankar rao, S/o S. Demudu, R/o. 10-150/5, Savitri China Mushiniwada Pendhurthi Mandal 6. Senapathi Vasantha, W/o Senapathi Sankar Nagar China Mushiniwada Pendhurthi Nagar Visakhapatnam - rao, R/o. 10-150/5, Savitri Mandal Visakhapatnam ...RESPONDENTS praying that in the High Court may particularly one in the the action of the Respondents No. 2 Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith be pleased to issue writ, order or direction nature of Writ of Mandamus declaring more to 4 in not taking action to clear the encroachments made in Sy. No. 93, 113/P of Chinnamushidiwada Village, Pendurthi Mandal, Visakhapatnam i : spite of the report of the Tahsildar, Pendurthi Mandal Illegal, arbitrary and in violation of principles of natural justice consequently directing the Respondents No. 2 to 4 removal of encroachment in the said survey numbers forthwith in dated 27.09.2023 is to take steps for lA NO: 1 OF 2024 Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the respondents 2 praying that in the circumstances in support of the petition, the High Court may be to 4 to take steps for removal of encroachments and unauthorized constructions made in Gedda Porambok in Sy. No. 93 and government land in Sy. No. 113/P of Chinnamushidiwada Village, Pendurthi Mandal, Visakhapatnam pending disposal of the writ petition. Counsel for the Petitioner: SRI T. V. S. Counsel for the Respondent No.1: GP FOR MUNICIPAL PRABHAKARA RAO ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2; GP FOR REVENUE Counsel for the Respondent Nos.3 & 4; SRI J. DILEEP KUMAR, SC FOR GVMC Counsel for the Respondent Nos.5 & 6: SRI G.L.NAGESWARA RAO The Court made the following: ORDER 1 APHC010388912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] ' THURSDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19855/2024 Between: Mumana Binay Santhosh Siva Sankar ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1 .T V S PRABHAKARA RAO Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR REVENUE 3.G L NAGESWAR RAO 4.J DILEEP KUMAR The Court made the following: 2 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos. 2 to 4 in not taking action to clear the encroachments made in Sy.No.93, 113/P of Chinnamushidiwada Village, Pendurthi Mandal, Visakhapatnam in spite of the report of the Tahsildar, Pendurthi Mandal, dated 27.09.2023 is illegal, arbitrary and in violation of principles of natural justice, consequently directing the Respondent Nos. 2 to 4 to take steps for removal of encroachment in the said survey numbers forthwith....’’ Heard learned counsel for the petitioner, learned Government Pleader 2. for Municipal Administration and Urban Development for respondent No.1, learned Government Pleader for Revenue for respondent No.2, Mr.J.Dileep Kumar, learned Standing Counsel for respondent Nos.3 and 4 and learned Mr.G.L.Nageswara Rao, learned counsel for respondent Nos.5 and 6. 3. Today when the matter came up for hearing, learned counsel for the petitioner reiterated the contentions urged in the Writ Petition, but, however limited his prayer to direct the respondent authorities to dispose of the complaint made by the petitioner dated 07.10.2023, requesting to take appropriate steps to protect the Government lands in Sy.No.113/P of Chinamushidiwada Village, Pendurthy Mandal, Visakhapatnam from the encroachments made by the unofficial respondent Nos.5 and 6. 3 4. On the other hand, learned counsel appearing for official respondents submits that the respondent authorities will consider the complaint made by the petitioner, dated 07.10.2023 and will pass appropriate orders in accordance with law. 5. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel appearing for respondents, instead of going into the merits of the case, this Court feels it appropriate to dispose of the Writ Petition by directing respondent No.4 to consider the complaint made by the petitioner dated 07.10.2023 after duly giving notice to the petitioner well as respondent Nos.5 and 6 herein, in accordance with law, within a period of three (03) weeks from the date of receipt of a copy of this order. as 6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SEc^iofKl OFFICER To, 1. The Principal Secretary Municipal Administration Development Department, State of Andhra Buildings, Velagapudi Guntur District. 2. The Collector, Visakhapatnam District Visakhapatna 3. The Commissioner, Greater Visakhapatnam Visakhapatnam District, Visakhapatnam. 4. The Zonal Commissioner, Greater Visakhapatnam Corporation, Zone - VIII, Vepagunta, Pendurthi District, Visakhapatnam. 5. One CC to Sri T. V. S. Prabhakara and Urban Pradesh, Secretariat m Municipal Corporation, Municipal Mandal, Visakhapatnam Rao, Advocate [OPUC] 6. One CC to Sri J. Dileep Kumar, SC for 7. One CC to Sri G.L. Nageswara Rao, 8. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 9. Two CC’s to GP for Revenue, High Court of A 10. Three CD Copies. GVMC[OPUC] Advocate[OPUC] and Urban Development ■ P. at Amaravati[OUT] ssb /✓ HIGH COURT .•V DATED:02/01/2025 r- ORDER WP.No.19855 of 2024 . Currem becuon . ^ . ^ o DISPOSING OF THE W.P. WITHOUT COSTS