APHC010421652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21701 OF 2023 Between: 1. M. Suryanarayana Murthy, S/o. Late Hari Babu, aged about 48 years, R/o. D.No.9-118/1, Allada Vari Street, Payakaraopeta, Anakapalli District. 2. Dasari Veerabhadra Srinivas, S/o. Late Bhadra Rao, Aged about 43 years, R/o. D.No.8-32, Boddu Swami Street, Payakaraopeta, Anakapalli District. ...Petitioners AND 1. The State of Andhra Pradesh, Panchayat Raj Department, Secretariat Building, Secretariat, Velagapudi, Amaravati, Guntur District. Rep. by its Principal Secretary. 2. The Commissioner, Panchayat Raj Department, State of Andhra Pradesh, Tadepalli, Guntur District. 3. The District Panchayat Officer, Anankapalli District. 4. The Divisional Panchayat Officer, Narsipatnam Division, Anakapalli District. 5. The Payakaraopeta Gram Panchayat, Payakaraopeta Village and Mandal, Anakapalli District, Rep. by its Secretary. 6. Visakhapatnam Metropolitan Regional Development Authority, Udyoga Bhavan, Siripuram, Visakhapatnam (VMRDA), Rep. by its Metropolitan Commissioner. r 7. Dasoli Venkata Adi Satya Surya Nagamani, W/o. Sri Srirama Murthy, aged about 70 years, Occ: Housewife, R/o. House No. 10-16-76, Anakapalli-531 002. 8. Dasari Veera Raghava Kumari, W/o. Sri Gavara Raju, Aged . 68 years, Occ: Housewife, R/o. H.No.6-24, Pattu Sali Street, Payakaraopeta-531 126, Anakapalli District. 9. Dasari Vasavi, W/o. Sri Sanyasi Rao, Hindu, aged. 63 years, Occ; Housewife, R/o. Door No.20-58, Brundavanam Street, Payakaraopeta, Anakapalli District-531 126. 10. Dasari Srinivasa Rao, S/o. Nookayya Sheeti, Aged about 48 years, Occ: R/o. D.No.20-69, Brundavanam Street, Payakaraopeta-531 Busiens. 126, Anakapalli District. 11. Dasari Bulli Venkata R^, S/o. Sri Nookayya Shetti, Aged about 42 years, Occ: Business, R/o. D.No.20-59, Brundavanam Street, Payakaraopeta-531 126, Anakapalli 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 a writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents No.2 to 5 against the illegal and un-authorized commercial building construction undertaken by the respondents No.7 to 11 in Sy.No.137/1A, Sy.No. 137/IB to an extent of 4090.36 Sq. meters of Payakaraopeta Village and Mandal, Anakapalli District, without obtaining any permissions from the 5*^ respondent- Gram Panchayat or from the Visakhapatnam Metropolitan Regional Development Authority (VMRDA) is highly illegal, arbitrary, unconstitutional and contrary to the provisions of the Notification issued by the Government vide G.O.Ms.No.443, dated 18.12.2017 and consequently direct the respondent Nos. 1 to 5 to demolish the unauthorized construction made by the respondents No.7 to 11 in open land situated in Sy.N3.137/1A, Sy.No.137/IB extent of 409036 Sq. meters of Payakaraopeta Village and Mandal to an Anakapalli District. // / lA NO: 1 OF2Q^ 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 respondent Nos. 2 to 5 to stop the illegal and unauthorized construction undertaken by the respondent No.7 to 11 in open land situated in Sy.No.137/1A, Sy.No. 137/IB to an extent of 4090.36 Sq. meters disposal of the writ petition. of Payakaraopeta Village and Mandal, Anakapalli District pending. Counsel for the Petitioners: SRI V. V. N. NARAYANA RAO Counsel for the Respondent Nos.1 to 4 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.5 : SRI YARRAGUNTLA KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.6 : SRI SOMISETTY GANESH BABU, SC FOR VUDA AND MUDA Counsel for the Respondent Nos.7 to 11 : SRI N. SIVA REDDY The Court made the following order: 1 7^. HN, J W.P.No.21701 2023 APHC010421652023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21701/2023 Between: 1.M SURYANARAYANA MURTHY, S/0 LATE HARI BABU, AGED ABOUT 48 YEARS, R/0 D.NO.9-118/1, ALLADA VARI STREET, PAYAKARAOPETA, ANAKAPALLI DISTRICT. S/0 LATE BHADRA RAO, 2.DASARI VEERABHADRA SRINIVAS, AGED ABOUT 43 YEARS, R/0 D.NO.8-32, BODDU SWAMI STREET, PAYAKARAOPETA, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, STATE OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, ANANKAPALLI DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICER, NARSIPATNAM DIVISION, ANAKAPALLI DISTRICT. 5. THE PAYAKARAOPETA GRAM PANCHAYAT, PAYAKARAOPETA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, REP. BY ITS SECRETARY. 2 Hk W.P.No.21701_202;, 6. VISAKHAPATNAM METROPOLITAN REGIONAL DEVELOPMENT AUTHORITY, UDYOGA BHAVAN, SIRIPURAM, VISAKHAPATNAM (VMRDA), REP. BY ITS METROPOLITAN COMMISSIONER. DASOLI VENKATA ADI SATYA SURYA NAGAMANI SRIRAMA MURTHY, AGED ABOUT 70 YEARS, OCC. HOUSEWIFE, R/0 HOUSE NO.10-16-76, ANAKAPALLI-531 002. 7. DASOLI VENKATA ADI SATYA SURYA NAGAMANI, W/0 SRI SRIRAMA MURTHY, AGED ABOUT 70 YEARS, OCC. HOUSEWIFE, R/0 HOUSE NO.10-16-76, ANAKAPALLI-531 002. 8. DASARI VEERA RAG HAVA KUMAR I, W/0 SRI GAVARA RAJU, AGED . 68 YEARS, OM. HOUSEWIFE, R/0 H.NO.6-24, PATTU SALI STREET, PAYAKARAOPETA-531 126, ANAKAPALLI DISTRICT. 9. DASARI VASAVI, W/O SRI SANYASI RAO, YEARS, BRUNDAVANAM DISTRICT-531 126. W/O SRI HINDU, AGED. 63 OCC. HOUSEWIFE, RIO, DOOR STREET, PAYAKARAOPETA, NO.20-58, ANAKAPALLI 10. DASARI SRINIVASA RAO, S/0 NOOKAYYA SHEETI, AGED ABOUT R/0 D.NO.20-59, BRUNDAVANAM STREET, PAYAKARAOPETA-531 126, ANAKAPALLI DISTRICT. 11. DASARI BULLI VENKATA RAJU, S/0 SRI NOOKAYYA SHETTI, RIO D.NO.20-59. PAYAKARAOPETA-531 48 YEARS, OCC. BUSIENS. AGED ABOUT 42 YEARS, OCC. BUSINESS, BRUNDAVANAM STREET, ANAKAPALLI DISTRICT 126 ...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 tomay be pleased to issue a writ, order or a direction more particularly in the nature of Writ of Mandamus declaring the inaction of the respondents No.2 to 5 against the illegal and un-authorized commercial building construction undertaken by the respondents No.7 to 11 in Sy.No.137/1A, Sy.No.137/IB to Payakaraopeta Village and Mandal, Anakapalli District, without obtaining permissions from the 5th respondent-Gram Panchayat or from the Visakhapatnam Metropolitan Regional Development Authority (VMRDA) highly illegal, arbitrary, unconstitutional and contrary to the provisions of the Notific ation issued by the Government vide G.O.Ms.No.443, one extent of 4090.36 Sq. meters of an any IS dated 3 HN, J W.P.No.21701_2023 18.12.2017 and consequently direct the respondent Nos. 1 to 5 to demolish the unauthorized construction made by the respondents No.7 to 11 in open land situated in Sy.N3.137/1A, Sy.No.137/IB to an extent of 409036 Sq. meters of Payakaraopeta Village and Mandal, Anakapalli District and to pass such lA NO: 1 OF 2023 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 respondent Nos. 2 to 5 to stop the illegal and unauthorized construction undertaken by the respondent No.7 to 11 in open land situated in Sy.No.137/1A, Sy.No.137/IB to an extent of 4090.36 Sq. meters of Payakaraopeta Village and Mandal, Anakapalli District pending disposal of the writ petition and to pass such Counsel for the Petitioner(S): 1.VVN NARAYANA RAO Counsel for the Respondent(S): 1.N SIVA REDDY 2.Yarraguntla.Koteswara Rao,Standing Counsel ForZilla Praja Parishads,Mandal Praja Parishads and Gra 3.GP FOR PANCHAYAT RAJ RURAL DEV 4.Somisetty Ganesh Babu SC For VUDA and MUDA HN, W.P.No.21701 2023J The Court made the following Order: 1. Heard the learned counsel for the petitioner, the learned Government Pleader, and the learned Standing counsel appearing for the respondents. 2. Upon perusal of the record and after hearing the submissions made by the respective counsel, it is brought to the notice of this Court that the i raised in the present writ petition are squarely covered by the orders passed by this court in Writ Petition No.13110 of 2024, which relates to the same subject matter and similar set of facts and circumstances. 3. In view of the same, this Court is of the considered opinion that adjudication is required in the present writ petition, as the relief sought for herein stands rendered infructuous or has already been addressed in the aforesaid writ petition. Therefore, no further cause of action consideration in this writ petition. 4. Accordingly, this writ petition stands closed. issues no further survives for There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shalLstand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR SECTf^^FFICER //TRUE COPY// To, 2. Onl CC ot Sri N X: [OPUCJ ioPUC] Yarraguntia Koteswara Rao, SC for Gram Panchayat Ai^d°hra Pradeshpurr^"'"'^''^' ^ High Court ^ [ORJC^ Ganesh 6. Two CD Copies Cnr of Babu SC for VUDA and MUDA Advocate HIGH COURT DATED;22/07/2025 ORDER WP NO. 21701 OF 2023 CLOSING THE W.P. WITHOUT COSTS