IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST/^ TWO THOUSAND AND TWENTY FIVE :PRESENT: THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22323 OF 2025 Mi; mi A •tsj’ ' s' Between: 1. Kapuganti Satyanarayana Murthy, S/o late Chinna Swamy Setty, Aged about 68 years, R/o 17-11-5, Flat No. 302, SEN Towers, Official Colony, First Lane, Maharanipeta, Visakhapatnam. 2. Kapuganti Syam Sundar, S/o K. Satyanarayana Murthy, Aged about 46 years, R/o 17-11-5, Flat No. 302, SLN Towers, Official Colony, First Lane, Maharanipeta, Visakhapatnam. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development (MA and UD) Department, Secretariat, Velagapudi at Amaravathi, Guntur District. 2. Greater Visakhapatnam Municipal Corporation (GVMC), Rep.by its Commissioner, Visakhapatnam, Visakhapatnam District. 3. Ramgupta Ramanamma, W/o Prabhakar Rao, Aged 45 years, D.No 26-1-66, Poorna Market, Opposite Chinna Durgalamma Temple, Visakhapatnam. 4. Ramgupta Santhoshi, D/o Prabhakar Rao, Aged 27 years. Res/at D.No. 26-1-66, Poorna Market, Opposite Chinna Durgalamma Temple, Visakhapatnam. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the inaction on the part of the Respondent No.2 herein in taking action against the illegal encroachment of road in front of petitioners commercial complex bearing D.Nos.26-1-90 and 26- 1- 89, Bowdara Road, Poorna Market, Near Durgalamma Temple, Visakhapatnam - 530002, in spite of representation dated 16-04-2025 submitted by the petitioners as illegal, arbitrary, unreasonable, violative of Articles 14, 21 and 300-A of the Constitution of India, opposed to very spirit and object of Municipal Corporation Act, 1955 and consequently direct the Respondent No.2 herein forthwith to consider and take immediate action on the representation dated 16-04-2025 submitted by the petitioners herein; lA NO: 1 OF 2025: Petition under Section 151 CPC is filed 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 herein forthwith to consider and take immediate action on the representation dated 16-04-2025 submitted by the petitioners, pending disposal of WP.No.22323 of 2025, on the file of the High Court. lA NO: 2 OF 2025: Petition under Section 151 CPC is filed 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 No.2 herein to remove the encroachments of Respondents Nos.3 and 4 on road obstructing the ingress and egress of customers to the petitioners complex bearing D.Nos.26-1-90 & 26-1-89, Bowdara Road, Poorna Market, Near Durgalamma Temple, Visakhapatnam - 530002 and desist the unofficial respondents from placing their carts on road in front of petitioners complex in future, pending disposal of WP.No.22323 of 2025, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri P.Durga Prasad, Advocate for the Petitioners and GP for Municipal Administration & Urban Development for the Respondent No.1 and Sri A.S.C.Bose, Standing Counsel for the Respondent No.2, the Court made the following; ORDER: “The petitioners are aggrieved by the inaction on the part of the 2"^ respondent in evicting the unofficial respondents from the pavement abutting the petitioners’ complex. It is submitted that the unofficial respondents have erected temporary sheds and are running petty businesses by occupying the public road. In this regard, a representation was submitted by the petitioner. However, no action has been taken by the 2"** respondent authority. The learned Standing Counsel appearing for the 2"'* respondent submits that in W.P. (PIL) No. 81 of 2025, pending before the Hon’ble Division Bench of this Court, certain directions were issued to the Municipal Corporation to accommodate street vendors. The unofficial respondents are claiming to be street vendors, and any efforts from the 2"'* respondent to evict them are being resisted. Similarly placed street vendors are approaching this Court and filing writ petitions. Considering the submissions of the learned Standing Counsel for the 2"*^ respondent, it appears that their efforts to evict such street vendors are being resisted, and that the directions issued in W.P. (PIL) No. 81 of 2025 are to be followed in the event of eviction. The learned counsel for the petitioners is permitted to take out personal notice to respondent Nos. 3 and 4 by registered post with acknowledgment due and file proof of service in the Registry. Post the matter on 19.09.2025. In the meanwhile, there shall be a direction to the 2"'* respondent to consider the representation of the 1®* petitioner dated 16.04.2025 and take necessary steps, duly issuing appropriate notices to respondent Nos. 3 and 4. SD/. G.HELANAIDU ASSISTAN'TOEGISTRAR ION OFFICER //TRUE COPY// SB For To, 1. The Principal Secretary, State of Andhra Pradesh, Municipal Administration and Urban Development (MA and UD) Department, Secretariat, Velagapudi at Amaravathi, Guntur District.(by Special Messenger) 2. The Commissioner, Greater Visakhapatnam Municipal Corporation (GVMC), Visakhapatnam, Visakhapatnam District. 3. Ramgupta Ramanamma, W/o Prabhakar Rao, D.No. 26-1-66, Poorna Market, Opposite Chinna Durgalamma Temple, Visakhapatnam. 4. Ramgupta Santhoshi, D/o Prabhakar Rao, Res/at D.No. 26-1-66, Poorna Market, Opposite Chinna Durgalamma Temple, Visakhapatnam. (Addressee Nos.2 to 4 by RPAD) 5. One CC to Sri. P.Durga Prasad, Advocate [OPUC] 6. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri A.S.C.Bose, Standing Counsel [OPUC] 8. One spare copy HIGH COURT s HN,J DATED:28/08/2025 POST THE MATTER ON 19.09.2025 ORDER WP.No.22323 of 2025 INTERIM DIRECTION